May 1, 2017 "Can my severance depend on the search for my next job?": Today I found this article in the Globe and Mail:
THE QUESTION
My position has been eliminated by the federal government. HR offered eight-weeks’ notice and two and a half weeks for every year of service (58 weeks). I have been employed for 20 years and am 57. What are statutory entitlements versus common law?
I am concerned because my employer placed a clause in the release stating that if they feel I am not making “reasonable efforts to find another job” they can cease to pay me at any time during the 58 weeks.
THE FIRST ANSWER
Shane King
Partner and head of litigation and dispute-resolution practice, McLeod Law LLP, Calgary
An employee’s termination-notice entitlements come from three sources: legislation, the common law and/or a written contract.
If you have a written employment contract setting out your termination provisions, then what is set out in that contract is the starting point.
As a federal worker, and not a union employee, the Canada Labour Code applies. That requires:
Two weeks’ notice, in writing, of the employer’s intention to terminate your position, or two weeks’ wages in lieu, as termination notice;
Two days’ wages for each year of service, as severance pay.
Having been there for 20 years, this amounts to two weeks’ termination notice, plus 40 days’ severance, for a total of 50 days.
This is the minimum that must be provided. The common law typically increases that entitlement, taking a myriad of factors into account, including, but not limited to, the character of the employment, the length of the employee’s service to the company, the employee’s age and the availability of alternative employment.
Under common law, terminated employees have an obligation to mitigate their losses by attempting to find comparable employment. If an employer is providing pay in lieu via salary continuation, they often put in a caveat that if and when the employee secures commensurate replacement employment, the continuation ends.
This is fair as an employee is not entitled to receive more for being terminated than they would if they were employed.
Under common law, terminated employees have an obligation to mitigate their losses by attempting to find comparable employment. If an employer is providing pay in lieu via salary continuation, they often put in a caveat that if and when the employee secures commensurate replacement employment, the continuation ends.
This is fair as an employee is not entitled to receive more for being terminated than they would if they were employed.
Without seeing the clause requiring “reasonable efforts,” this could be difficult for the employer to act upon, as there can be numerous reasons why a particular job is not acceptable, such as commute, salary, or hours.
An employee is not required to take the first job available, and accepting a lower salary as partial mitigation does not necessarily cease all obligation on the now former employer.
An employee is not required to take the first job available, and accepting a lower salary as partial mitigation does not necessarily cease all obligation on the now former employer.
The best option would be for you to seek legal counsel and attempt to negotiate a lump-sum payment.
THE SECOND ANSWER
Colleen Clarke
Principal, yourresumepro.com, Toronto
Check with a lawyer as to your entitlement. There is a formula to determine severance payout.
But you need to forget the scare tactics and get to work looking for a new job. If you have outplacement services, get started with them. Check out your local Employment Ontario centre and attend workshops and get registered with a counsellor once your eight weeks are up.
Read articles and books on job search.
Put a binder together or organize a file online of all the jobs you apply to.
Document everything.
Put in a sample of the cover letter you submitted and any personal communication you had with anyone from that company.
Have a professional résumé writer write your résumé – it has to be outstanding to get noticed.
Document everything.
Put in a sample of the cover letter you submitted and any personal communication you had with anyone from that company.
Have a professional résumé writer write your résumé – it has to be outstanding to get noticed.
Aug. 25, 2018 "How to stand out at your first job, the introvert way": Today I found this article by Karl Moore and Rachel Burk in the Globe and Mail. I'm an introvert so this article was relevant to me.
The value of the more soft-spoken members of the C-suite is becoming widely recognized and – based on the results these leaders have quietly achieved – it’s fair to say that it’s about time.
However, without years of past effectiveness to point to, introverts who are new on the job need to prove their value. We’ve spoken to a number of self-identified introverts to find out how they have capitalized on their strengths and overcome their weaknesses in order to show their new employers just how valuable they can be.
LEARN AS MUCH AS YOU CAN
“A first job is a learning experience, and I’ve taken full advantage of that fact – my tendency to listen more than I talk has allowed me to constantly learn and continually improve.” – Nick Taylor, McGill University, ALDO Group
When you start your first job, you are not expected to know everything, but you are expected to learn. Use the introverted tendency to be an observer to your advantage and absorb as much information as possible – particularly in your first month. Later on, use all of your new-found knowledge to make informed and productive contributions to discussions and your new company as a whole.
DON’T BE AFRAID TO SAY 'I'
“When you are the ‘quiet one’ in a group, your contributions can be overlooked, but it doesn’t mean they aren’t there – it just means that sometimes you need to be the one to point them out.” – Bessie Cheng, York University, Cahoots Theatre Company
When working as a part of a team, introverts and their hard work tend to get lost in the noise. Although acknowledging the value of your team members is important, it is equally important to take pride in your achievements and to not shy away from credit. Rather than seeming obnoxious, the introvert who remembers to say ‘I’ now and then clarifies not only their role on the team, but their value to their employer.
EMBRACE ONE-ON-ONE INTERACTIONS
“I tend to start small in terms of workplace interactions – I get to know my colleagues individually, rather than trying to get myself noticed in a group setting.” – Sophia Drozdowska, Edinburgh University, Raleigh
“Introvert” is not a synonym for “snob” or “standoffish,” and you can make that clear to your new co-workers by capitalizing on opportunities to interact with them one-on-one.
Build your in-office network and connect with your team by connecting first with individuals. Things as simple as asking a question face-to-face rather than sending an e-mail or eating lunch in a shared space rather than at your desk can go a long way in building relationships – without forcing you too far out of your comfort zone.
GIVE YOURSELF TIME TO PREPARE
“I’ve always found it much easier to speak up in a group when I know what I’m talking about, and that was especially true when I was the most inexperienced in a meeting.” – Claire Porter, McGill University, PwC
Unlike their extroverted counterparts, introverts tend to be uncomfortable with public speaking, particularly when they are put on the spot, and this can make it difficult to communicate in team meetings.
To overcome this natural anxiety and make it easier to share your ideas, ask for the topics that will be discussed in a meeting in advance whenever possible, and familiarize yourself with your talking points beforehand. As a bonus, preparing for meetings shows initiative, a quality most employers look for in their new hires.
DO YOUR WORK, AND DO IT WELL
Although group work is an increasingly prevalent part of any work day, your first job will almost certainly offer you the opportunity to work independently. This can be the introvert’s time to shine, so take full advantage: use your time spent listening, considering and learning to complete your task efficiently and effectively. When speaking up is not your forte, embrace the chance to let your work speak for itself.
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