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Services » Executive Dismissal

The Dismissal of an Executive or a Manager is far different than the dismissal of an ordinary Employee. No matter what, losing your job is one of the most emotional and terrifying legal problems, right behind family and criminal problems. When you are an Executive or a Manager, the stakes are significantly higher than in cases of ordinary dismissal. Executives and Managers are far more than ordinary employees. You have poured years of hard work and dedication into the company, and once you are dismissed it may feel like it was all for nothing. You have to worry about the financial impact this will have on your situation, whether you will ever be able to find similar employment opportunities, and about what will happen in the future. You have to worry that your career may be over.

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It is important for you, as an Executive or a Manager, to realize that when you are dismissed you have options. If you are disciplined or let go, you may be entitled to hundreds of thousands of dollars in severance pay. Furthermore, your Employer may be letting you go in a manner that is damaging your reputation and detrimental to your career. You often have the right to expect that your Employer will cooperate with helping you find new Employment. In some rare instances, you may also have the right to demand that you be re-hired.

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If you are an Employer, the stakes are equally high.  When your company disciplines or lets an Executive go, you are potentially liable for hundreds of thousands of dollars in severance payments and stock options.  More importantly, there is the issue of protecting your company’s strategic decisions and confidential information. An Executive is privy to a lot of sensitive corporate information and it is often vital for the Employer that this information not find its way into the hands of a third party or a direct competitor. If there is a problem with your non-solicit or non-compete covenants, the secrecy of your entire corporate strategy can be compromised.

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Executive dismissal is far more than a subsection of labour law or civil litigation; it is a specialty in and of itself.

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Executive dismissal is far more than a subsection of labour law or civil litigation; it is a specialty in and of itself. Given the significant risks and high stakes of an Executive dismissal, it is important that it be handled correctly, as it is an unforgiving area that leaves little room for mistakes. In order to obtain the best result, it is important to develop a strategy from the start of the situation and to make strategically sound decisions throughout the negotiation or litigation process. At OLS, we have significant experience in strategic planning, negotiation, mediation and litigation of Executive Dismissals. This ensures that the best results can be obtained for the client and that the process can be as beneficial, direct and efficient as possible.

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At OLS, we have significant experience representing both the Employers and the Executives/Managers in Executive Dismissal cases, as well as mediating Executive Employment disputes. As such, we appreciate the financial and career impact that a dismissal has on an Executive or a Manager, and the strategic and financial impact it has on an Employer. This experience gives us the unique advantage of being able to appreciate exactly where our clients are coming from and exactly what they are hoping to achieve.  This also enables us to offer a unique perspective to our clients on what the other side is attempting, what strategies they are likely to employ, what the other side is relying on and how to gain an upper-hand on the other side by zeroing in on their weaknesses. While we do represent both Executives and Employers, we will never represent anyone who is in conflict with our clients. While we are very experienced in several aspects of this area, we will never represent any person or any company whose interests will conflict with our clients’ interests.  Period.

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While OLS has experience representing both Executives and Employers, in recent years, Executives in particular have turned to us because of our independence. It is vital for an Executive or a Manager to not only be represented by someone highly skilled in Executive Employment and Dismissal Law, but also to be represented by someone who will not be influenced or intimidated by the status of their Employer. Once we accept a client we focus only on our client’s interests and represent our clients exclusively. It makes absolutely no difference to us whether the other side is a small Employer or a Fortune 500 company.