How to get Fired with Severance?

Over the past few years at my place of employment there have been several people fired (with cause due to dysfunctional workplace and losing one’s mind and doing stupid things like calling boss a FA) and they get a nice package of cash to go away. Is it possible to negotiate your own departure with a similar severance package gracefully? Or do I have to be jerk and do something “bad” to get fired to get the same package.

I’m getting older in age and to be realistic, it will be difficult to find a similar job with similar pay. I would leave if I could find such job. The working environment is toxic and for my own mental health, I need to get out. For all the critics out there, I’ve been bold and tried to influence sanity, but the “old boys club” is the old boys club.

Are there any employment lawyers out there that could offer some advice on such negotiation?



38 Responses

  1. Becki Pound Becki Pound says:

    I remember when i worked a union job and wanted to leave so i did really bad stuff and they pulled me into a union meeting, and i asked so am i fired? And they said no, your performance still outweighs your behaviour.
    I said fine, cant perform if i do t show up, i wont be at work tonight.
    That worked

  2. Yes medical ei is a good option . They pay f all but your company must give u a job of equal when u return . Most likely if your position was important they will have to fill the role . Then u could possibly receive severance . They are not obligated to pay severance though and could offer u a job back . If it’s a toxic environment , start recording incidents date time weather in a bound book not coiled . Then you’ll have some grounds for your company to investigate or for you to go to labour standards and ohs if it’s harassment or bullying

  3. Sharon Swan Sharon Swan says:

    you could go to your doctor and tell him that you are so stressed at your job .. that you need to take time off .. he will give you a note for 3 months of stress leave. short term .. after that 2.5 months later you need to make a doctors appointment and tell him you are not ready to go back to work due to work place and toxics .. and he will extend it for 6 months .. if he says 3 ask for 6 .. same when the 6 months is just about up .. you can tell the doctor that you feel that stressed … bit depressed and need to stay on long term disability … after the year is up your work will switch you over to where they pay you half your cheque and the canada pension disability will pay the other half of your cheque .. make sure you get CPP to take taxes off your cheques or you will end up owing when you file .. …at least that is how it worked for me I have a lung condition .. and had to quit working

  4. You can get a doctors not that gives you permission to quit and collect EI

  5. I don’t know your situation but can you take a leave of absence or do you have some vacation time coming up. Getting a break will help you think clearly about what to do.

  6. Leslie Brady Leslie Brady says:

    1st of all, u ROCK, LOL. Ageism is real, too real.

  7. Dow Hocken Dow Hocken says:

    Did you know if you text your boss, “eat a bag of horse dicks you fucker” you don’t have to go to work?

  8. Win Chan Win Chan says:

    If you’ve been employed at your work for, the termination pay or notice period required is:

    More than 90 days but less than 2 years – 1 week notice or pay to have you skidded / let go without cause.
    2 years but less than 4 years – 2 weeks
    4 years but less than 6 years – 4 weeks
    6 years but less than 8 years – 5 weeks
    8 years but less than 10 years – 6 weeks
    10+ years – 8 weeks

    If your pay is inconsistent, then the average weekly paid is calculated based on your last 13 weeks.

    Your vacation pay collected so far that you have not withdrawn or used, has to be paid out as well.
    If you get just 4%+ vacation pay instead of paid time off, then add this to the total.

    Example: If you’ve been there for 8 years: If you get $6,000/month salary + 4% vacation, 6000/mo. x 12 months x 1.04 = 74880/year; divide by 52 weeks to get 1440/week.
    Multiply by 6 to arrive at $8,640.

    However, if you’re fired for JUST CAUSE, your employer does not have to pay you termination pay.
    BUT, depending on the circumstances, the employee could sue for wrongful dismissal.
    Even if an employee is in the wrong, there would have to be enough evidence to back it up.
    Usually it’s more efficient for the employer to just pay out and let somebody go with minimal problems. In stickier cases where the employer has done wrong and knows its potentially liable, an offer more generous than legislation is sometimes made in return the former worker does not take legal action (as then the case would be worth more if ending up in court).
    For seasonal industries, usually people just get laid off, as no termination pay is required. The employee gets EI, so he/she is less likely to fight (especially in industries where collecting EI while sitting at home during slow times, is a common happy choice). But if work comes up again, the employer is required to offer work to former laid off employees first if looking to fill the same position. In practice employers will often look for someone new, as people out there nowadays like to see how much they can get away with before somebody does something about it.

    Lawyer – usually not worth it for sums under $30,000 – 40,000; most won’t even go to court for you, as the legal fees will eat up a good chunk of that.
    What commonly happens is the lawyer will charge you around a thousand dollars, give or take, to write your employer a threatening letter.
    A honest lawyer like my last, will teach you how to file a lawsuit under Civil Court (for sums up to $50,000 – much quicker than Court of Queen’s Bench – the provincial court next step up). It costs about a couple hundred bucks.
    Then the employer will realize that there is little way around it and just pay you.

    I’ve been through that situation when I was still an employee and found that people would push you around if they can; you stand up for yourself and if you’re right, you get your money.

    • Win Chan that’s all without cause. It sounds like this person is trying to get the place to fire them but still pay a severance. To me I wouldn’t understand why any company would voluntarily do this. If they had cause to fire you they can do so without paying extra. If you dont want to work there, find something else and then quit.

  9. Tim Jacklin Tim Jacklin says:

    Hmmmm depending on how long you been there severance could be quite of chunk of dough. . . Don’t quote me but I think each year there is one week of regular pay (no ot) severance to a maximum of 7 years of one weeks pay. Just a wild guess $4,000? If you got a leave of absence for medical reasons , like stress you could collect EI for (I think) 16 weeks (and possibly have that extended by your boss laying you off. So you might get a year of EI benefits overall. Hmmmm , more than the loss a $4,000 worth of severance pay? Decisions decisions.

    • Win Chan Win Chan says:

      More than 90 days but less than 2 years – 1 week notice or pay to have you skidded / let go without cause.
      2 years but less than 4 years – 2 weeks
      4 years but less than 6 years – 4 weeks
      6 years but less than 8 years – 5 weeks
      8 years but less than 10 years – 6 weeks
      10+ years – 8 weeks

  10. John Wick John Wick says:

    Freeeeee Julian Assange

  11. Jules Maria Jules Maria says:

    Wtf. The fact that many of you know this is disturbing. How about you work and not be lazy.

  12. Jodi Flatt Jodi Flatt says:

    Yeah, you should totally tell your employer you want them to pay you go away. Are you serious?

  13. When you are about to “get fired”, let me know, I’ve been looking for work for 2 years..

  14. Maja Black Maja Black says:

    If it is making you sick you need to get to your doctor, go on medical benefits

  15. you could try to get a medical layoff due to stress, talk to your boss

    • That only last so long and when you get back it’s twice as bad

    • Jodi Flatt Jodi Flatt says:

      Arlene Waldner stress is not a reason to not attend work anymore. We’re all friggin stressed.

    • It just a thought I recv’d my full severance package and stocks when I was let go for medical reasons. .

    • Jodi Flatt mental health is though what if he goes postal lol

    • Arlene Waldner 15 weeks medical pay through UI

    • Jodi Flatt Jodi Flatt says:

      Arlene Waldner just because he or she hates their job doesnt make.ot mental health. Why do people I sist on making a mockery of legitimate mental health issues because they’re too lazy or I competent to make decisions to find a new job all on their own? Jesus. That’s the dumbest excuse ever!

    • Jodi Flatt Jodi Flatt says:

      Arlene Waldner read between the lines – you cant be fired for medical reasons. They didnt want you, so they got rid of you as cheaply as they could.

    • Win Chan Win Chan says:

      Usually shortage of work is used for a layoff instead, as it’s much more straightforward. But they’d need to offer you work again if they want to fill the position (unless they somehow show that the new position requires characteristics that you do not have).

    • Jodi Flatt actually stress leave is a legitimate reason to go on medical leave. If you have long term disability (up to two years) where you work you can claim stress as the reason for disability as long as your doctor signs off on it. Post traumatic stress disorder is one type of stress.

    • Jodi Flatt You don’t get severance if you are fired for a stupid reasons just trying to get fired is dumb and there is minimum # of years you have to be with the company. Why would a person want to tarnish their reputation by acting out just to get fired possible bad references just to leave affecting their Future. wouldn’t it be better to go out on a positive note? They Did want me I just couldn’t handle the job anymore after having a stroke so talked to my boss and he agreed to let me go due to medical reasons I trained my replacement b4 I left got my whole package after being there for 15 yrs. It was a corporate position. I wouldn’t Know about other types of employment. Sry

    • Yes stress leave is a legitimate reason especially if your work has turned into a more stressful position adding on to extra work that was not originally expected with no increase of pay. Stress is a real thing and if you’re working in an environment where it’s not addressed, taken serious etc absolutely take it. YOU come first and your health doesn’t need to worsen because of a job. I’ll speak on behalf of that first hand.
      Also, your employer cannot and should not EVER write you up or make any mentions due to health matters when making attempts to let you go or write you up. Please know your eights and address them accordingly.
      As for this original post. JUST LEAVE! Someone who’s jobless and has a family to support would probably gladly take that job of yours.

  16. If you do something bad you are not entitled to severance.

    • Jodi Flatt Jodi Flatt says:

      Chad George Buck in federally regulated industry (transportation, banks, telecommunications, etc) there is no such thing as severance, only notice in lieu.

    • Aly Marie Aly Marie says:

      Jodi Flatt I know someone who worked as a manager for a bank branch and the higher up didnt want to fire her coworker because they would have to buy her out so they basically made her quit.

    • Aly Marie which is illegal and called constructive dismissal. The employer can be sued. There are lawyers in Edmonton that deal specifically with that.

    • Win Chan Win Chan says:

      Nicole Christine Yes there is a whole sector of employment law just dedicated to wrongful dismissal… and they will always teach you to ask for more! The general formula is to shoot for $50,000 (amount owed under legislation + punitive damages) if going under civil court (which is faster and often not represented with lawyers). For cases larger it’d go to provincial court, which is a longer and more expensive, painful process. In most cases the employer wants to see what it can get away with, as most people don’t stand up for themselves. In the odd case that somebody will do something about it, and he/she does have the money to shell out for legal advice and a threatening letter or two, then often the employer will just settle halfway rather than go through an expensive process of fighting. In some cases, companies will still not pay. In that scenario it’s basically then to collections and to get a court judgment.

    • Win Chan well stated. Although I am not the OP, your info is valuable

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