Layoffs in the Oil Patch 3

[Shazam]

Ah, read the original post.

So here's the thing. There's a minimum severance amount. That's been met.

Any additional amount is based on the length that the company that just laid you off thinks that you're not going to work. Since the O&G job market is hotter than the sun right now, they think you should be able to find employment rather quickly. So in your statement of claim you're to have to state that you suck, while I can pretty well tell you that the company will state that you have many in-demand skills.

Remember, being laid off doesn't mean you're gone forever. It means that you're not working for a period of time, and the company could bring you back at some time. But during that time you are free to pursue other employment. Fun fact: As a result, you might have to pay back some of that severance - although typically a release is signed at the same time absolving both parties of obligation.

[boogerz]

Originally Posted by Shazam

Does that make it okay?

It doesn't, but good luck breaking the group think of those networks and/or getting them to change

[Weitz]

A simple demand letter may be all you need to get a larger payout. talk to some lawyers.

[OldDutch]

I have a lawyer my wife used recently. It got her an extra month but she had been there over 15 years. If you PM me I can get her name. She wasn’t $700/hr and was pretty good to deal with.

[photon]

Yeah my wife in O&G got offered something really low when she got laid off like 8 years ago.. we talked to a lawyer and he said we could get a lot more in court.. he suggested we send a counter offer. We went in the middle of the range that he thought we'd end up in if we went to court, and the company accepted it.

[MacDaddy77]

Looks like after subtracting bonuses I think it works out to 2weeks per year which is I think the minimum And not common law entitlement. I think at minimum I’d ask for an additional week per year and maybe 2 to make it 1 month per year

[I-Hate-Hulse]

Originally Posted by Shazam

$360/hr is a steal. I'm not even kidding. Our employment lawyer costs $700/hr.

Don't forget - lawyer fees to collect a settlement are deductible against your settlement for taxes.

So think of it as being 40-50% off that hourly rate.

[Fighting Banana Slug]

You are definitely entitled to the 5 weeks as per Employment Standards. The actual severance amount will depend on a bunch of things, including your age and the employment market for your profession.

In my experience, the 1 month per year is something that has not been a thing for a while (unless you are older, with an executive position in a crappy market). 3, maybe 4 weeks per year I think is more market. Just an opinion though.

[Mr.Coffee]

Originally Posted by Fighting Banana Slug

You are definitely entitled to the 5 weeks as per Employment Standards. The actual severance amount will depend on a bunch of things, including your age and the employment market for your profession.

In my experience, the 1 month per year is something that has not been a thing for a while (unless you are older, with an executive position in a crappy market). 3, maybe 4 weeks per year I think is more market. Just an opinion though.

I'm no calendar wizard but isn't 4 weeks and 1 month the same thing?

[iggy_oi]

Originally Posted by Mr.Coffee

I'm no calendar wizard but isn't 4 weeks and 1 month the same thing?

Short answer is no.

[Fighting Banana Slug]

Originally Posted by Mr.Coffee

I'm no calendar wizard but isn't 4 weeks and 1 month the same thing?

No. I mean it might be more of a rounding error, but there are more than 48 weeks in a year.

For MacDaddy, I was just trying to say that I am not shocked by something well less than 4 weeks or a month if you prefer, per year.

[Jason14h]

Always send a letter from legal representation

An extra amount is always expected for the final offer if they are a big company

Just a letter will get you an extra 4-6 weeks just to avoid the hassle - unless it is a massive group layoff, etc where it may set precedence

[Knut]

Originally Posted by I-Hate-Hulse

Don't forget - lawyer fees to collect a settlement are deductible against your settlement for taxes.

So think of it as being 40-50% off that hourly rate.

If you deduct lawyer fees off your income tax can you then also deduct the same fees from the tax on your settlement ?

[I-Hate-Hulse]

Originally Posted by Knut

If you deduct lawyer fees off your income tax can you then also deduct the same fees from the tax on your settlement ?

Sorry I should clarify this
- typically your settlement is considered employment income for tax purposes
- legal fees spent to collect the settlement are deductible against employment income

This is of course the vanilla straightforward situation - consult some real tax experts as there are some exceptions to this depending on your circumstances.

[Locke]

Originally Posted by I-Hate-Hulse

Sorry I should clarify this
- typically your settlement is considered employment income for tax purposes
- legal fees spent to collect the settlement are deductible against employment income

This is of course the vanilla straightforward situation - consult some real tax experts as there are some exceptions to this depending on your circumstances.

This is good advice, I've gone through this with numerous clients and....'it depends.'

Nature of allegations, nature and classification of settlement, etc.

[cam_wmh]

EVERY SINGLE LAYOFF, SHOULD RESULT IN A LEGAL CONSULTATION. THAT $300 is but PEANUTS.

[Firebot]

Originally Posted by MacDaddy77

really need a lawyer recommendation, one quote was for $360/hr just to review.

I will PM you, we had an amazing lawyer and very reputable. He's won employment cases including against a well known oil & gas company that's now used as an court case. He will run through all the scenarios for your specific situation, severance has multiple factors involved including age, tenure, difficulty to find a new role if specialized, etc.

For a good lawyer though, you need to pay. A consultation and a demand letter is going to run you 2000-3000$ but the demand letter should be more then enough in most cases. Don't do the 'free consultation' route it's completely useless and will tell you a canned response.

Our litigation cost around 7000$ as we had to sue (we got a settlement offer a month before discovery) but it was worth every penny when you are able to collect. This is also considered legal expense for employment income (which your settlement would be). People are afraid of running costs which is why employers try to get away with wrongful dismissals or minimum severance, but you need to fight to what is legal compensation for your situation.

[jonesy]

I am hard work and English good. Please job.

[Wormius]

Originally Posted by jonesy

I am hard work and English good. Please job.

Umm… ???

[Faust]

Suncor to slash 1,500 jobs amid cost-cutting plan:

https://www.cbc.ca/news/canada/calga...offs-1.6862758