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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 96435
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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After 47 years service the company I worked me go into a

Customer Question

After 47 years service the company I worked for let me go for backing into a truck with my Loader .With no severance pay.. Is this ok.
Submitted: 1 year ago.
Category: Canada Business Law
Expert:  Legal Ease replied 1 year ago.

Did you get any written notice of concerns before this?

Customer: replied 1 year ago.
No there was no other writen notice before that.
Expert:  Legal Ease replied 1 year ago.

I am not able to speak on the telephone as the rules of my law society don't allow this as you are not my client.

If an employer wants to dismiss an employee for cause the employer is required to provide the employee with written warnings, unless the employee`s conduct is so extraordinary that immediate dismissal is warranted.

As this was not the case then you should consider a claim for wrongful dismissal and seek damages from your employer.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

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