Have you been recently dismissed or let go from your employment with Kyndryl?
Speak to JPak Employment Lawyers. Our employment law expert lawyers have successfully advised and represented over a thousand employees who have been dismissed or laid off.
The following are frequently asked questions by employees facing termination:
Can Kyndryl Terminate Without Cause?
For unionized employees, the Company must comply with the terms of the collective agreement, including applicable layoff and bumping provisions. Most collective agreements require layoffs be initiated by reverse order of seniority, based on the “first in-last-out” rule. The amount of termination pay and severance pay to which unionized employees are entitled will be governed by the Ontario Employment standards Act, 2000, unless the collective agreement provides for a greater right or benefit.
For non-unionized employees, Kyndryl has a right to terminate the employment relationship at any time on a without cause basis, subject to any statutory restrictions.
Is the severance package being offered by Kyndryl Fair?
If you are a non-unionized employee, you should speak with an employment lawyer to verify whether the severance package being provided by Kyndryl is commensurate with your legal entitlements. Many companies offer severance packages below the common law requirements.
Whether the severance package is fair from a legal perspective will depend on a number of considerations, including: the character of your employment, length of service, your age at termination, the availability of comparable jobs in the market, your contract of employment, and whether you were induced to leave secure employment.
For unionized employees, you should speak with a representative of your union about your legal rights under the collective agreement.
Should I sign a release provided by Kyndryl?
Generally, most companies will ask a departing employee to sign a release in exchange for the severance package. It is important that if you are being asked to sign a release, that you get advice on the package, the lawfulness of the dismissal, and your rights before you sign anything. Once you sign a release, you are generally forfeiting your right to pursue any further compensation or legal claims.
Speak to one of our employment law experts
Speak to one of our Toronto employment lawyers to find out your severance entitlements, and whether you are entitled to additional compensation. Contact us today.