Having a say in termination package

Employees who want to determine how they're paid upon termination
By Brian Kenny
|Canadian Employment Law Today|Last Updated: 09/18/2013

Question: Do terminated employees have any say in how their termination package is handled? If the employee makes a direct request, how should the employer handle it?

Answer: Terminated employees do not have any power in determining how their termination package is handled, but an employer could choose to comply with the requests of the employee if it so desired. While the employer may comply with such a request or negotiate with the employee, the employer is under no obligation to do so.

When assessing the terms of an employee's termination package, it is prudent to review the employment contract first to determine whether any contractual obligations govern the package. If the contract does not speak to the subject of termination packages, the matter is open for negotiation in the sense that it would be possible for an employee to make certain requests on the way it is to be handled. Ultimately, the employer will determine what it is prepared to provide over and above its statutory obligations as set out in the relevant labour standards legislation.