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We live in Alberta. My wife was just relieved from her employer

 
Debra Thal's Avatar
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Customer Question

We live in Alberta. My wife was just relieved from her employer today. She has worked for this company since August 2009 and has been a manager for the last 2 years. She was told that she "doesn't fit into their strategic plan" even though she has received nothing but glowing reviews. She received roughly 6 weeks severance pay. Does she have any recourse?

 

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Province/Territory relating to question: Alberta

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Submitted: 319 days and 14 hours ago.
Category: Canada Law
Value: CA$59
Status: CLOSED
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Expert:  Debra Thal replied319 days and 14 hours ago.


Debra Thal (username) :

I am sorry to hear this.

Debra Thal (username) :

Your spouse cannot do anything to get her job back but it is possible that she can get more than 6 weeks.

Debra Thal (username) :

Your spouse is 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 she worked for the employer, her age, her position, the likelihood of finding new employment etc.

At the high end, if she 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 she were not in a managerial position the Court would order somewhat less.

Debra Thal (username) :

For this reason it would be wise for your spouse to consult with an employment lawyer.

Debra Thal (username) :

She can contact the Law Society and use their Lawyer Referral Service. She will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Debra Thal (username) :


The number is:

1-800-661-1095 or 403-228-1722 in Calgary

 
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