Just got laid off yesterday (Ontario,Canada area). Facts: Mgr position (oversee 100+ personnel) - 7yrs and started from scratch the department - letter handed gives 30grand as lump sum salary + 2 wks pay - medical benefits only up to end of month. Given only a week to decide to sign terms of settlement. Also there is no date of a paragraph that state"........to remind you that you have an ongoing obligation to not disclose any confidential information or secrets of (Company's name) to any third party. This obligation continues after the termination of your employment" I for one is not in executive position but do come across some information with regards XXXXX XXXXX contracts... I need to know is the amount reasonable, I think it's just what the law states, w/c after starting the dept I think they should offer 4 to 5 weeks per year of service. Also I do get a bonus for department reaching targets and I consistently reach targets and beyond. Much thanks NJ - Toronto, CA
State/Country relating to question: Canada
Asked them to increase it to 5 weeks per year of service. Extend end of year medical. Assistance for employment as in my age I may have difficulty getting back to my field. Since I do not get OT, to add another week of pay to may 2 weeks notice.
Your legal right is to receive reasonable notice or pay in lieu of notice.Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.At the high end, as you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment.5 weeks per year is not likely what a Court would order though.And the benefits would continue for the month's of notice. So if this went to Court you would likely get 7 months pay and 7 months of benefits.I suggest you consult with an employment lawyer before making any decisions.You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. The number is: 1.800.665.9779 (toll free) or(NNN) NNN-NNNNHRM. I am sorry this happened to you.
Thanks for your replies but it seems vague in some aspects of my issues, or maybe my question was not rightly presented. I'm not one to drag this issue and not after more monies but the one that upset me is the clause of no date for disclosure of confidential information to end.
The law is that you can never reveal confidential information acquired during employment.That is true whether you sign an agreement or not.Confidential information must always be held in the strictest of confidence.
I understand about confidential information but they did not put any expiry date, I think this is very restrictive do you not think so???
It's common law and not what they say.Confidential information cannot ever be revealed.It's not like they are saying you cannot compete. That would be different.
What I understand from their point is what you wrote in your 3rd line...cannot compete...hence my intent to have a date added...is that a reasonable request?
They cannot restrict you from competing indefinitely. A Court would say this restriction needs to be reasonable and generally a Court limits this type of non-competition to two years in most cases.But that's not the same as revealing confidential information.
Now i understand what I have to talk with them then, as its not clear to me about this particular aspect.
But also please be sure to have an employment lawyer review the terms before you agree to anything.