After 4 1/2 yrs with a company, I was called in yesterday a.m. and terminated. When I asked for a reason I was told "no reason, its not personal". I kept demanding a reason and was told "the company has to grow" and i would not be a part of it. In Dec.2011 we got a new Associate "owner" (28-29 yrs old). She made it clear to a lot of us that she wanted her own hires and didn't want to get stuck with existing employees. She has continually treated staff and customers with disdain and contempt..I have numerous examples I've been keeping track of. Oh I forgot to mention I am 58 years old. The 1st person to be fired was 63 years old. We had a manager and an assistant manager who were forced out, and now have another manager and an employee on stress leave. After my meeting yesterday another gentleman (62-63) was also "terminated...same reason, or lack of. She has offered a fair severance package to us but at our age it is difficult to envision obtaining future employment, not to mention the benefit package we both paid into. We feel we have grounds for wrongful dismissal, harrassment, and age discrimination, or all 3. Would love an opinion, we have only been given 2 wks to accept the severance pkg. Also, if we accept, does that mean we have given up our rights to persue things further? She has given us a release to sign that indicates that, but I wonder if its totally legal.
Province/Territory relating to question: Ontario
Only discussion with current and previous employees who all think we should pursue legal action..there are about 7 or 8 of us.
How much were you offered?
this is not an easy site to get around...are you there
this site is confusing, are you there?
Yes I am.
I am in the middle of composing an answer.
it will take a few more minutes.
Leaving aside the issue of age discrimination for a moment your legal right is 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.But if this is about your age then that is illegal and a breach of our Human Rights Code.For these reasons it is wise to sit down, face to face ,with an employment lawyer.The lawyer will review the facts and consider whether the lawyer should write a letter demanding a higher level of pay in lieu of notice or whether you should file a complaint with the Human Rights Tribunal.You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. The number is: 1-800-268-8326 or XXX-XXX-XXXX (within the GTA)You cannot accept any offer without getting legal advice so don't let the bully you.If you accept you will be asked to sign a release giving up your right to sue or complain.
The release could be upheld in Court.
It depends on the facts but it's not at all wise to sign it just in case a Court does uphold it.