Login|Contact Us
Question and Answer

Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

After 4 1/2 yrs with a company, I was called in yesterday a.m.

 
Debra Thal's Avatar
  • Answered by:Debra Thal
  • Lawyer
  • Positive Feedback: 98.2 %
  • Accepted Answers: 37861
Verified Expert
in Canada Law

Recent Feedback

Positive
Thank you for the clear and thorough answer to my question.
Positive
Your second reply was more comprehensive and answered my question fully. I am...
Positive
Type your review here...
Positive
Debra was prompt and thorough in answering both my initial and follow-up...
Positive
excellent information
Positive
The information was very helpful.
Positive
Seemed to cover the matter for now, thank you.
Positive
Quick and easy to understand answer

Customer Question

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.

 

Optional Information:
Province/Territory relating to question: Ontario

Already Tried:
Only discussion with current and previous employees who all think we should pursue legal action..there are about 7 or 8 of us.

Submitted: 318 days and 20 hours ago.
Category: Canada Law
Value: CA$59
Status: CLOSED
Picture
Expert:  Debra Thal replied318 days and 20 hours ago.


Debra Thal (username) :

How much were you offered?

Customer :

12 weeks

Customer :

this is not an easy site to get around...are you there

Customer :

this site is confusing, are you there?

Debra Thal (username) :

Yes I am.

Debra Thal (username) :

I am in the middle of composing an answer.

Debra Thal (username) :

it will take a few more minutes.

Debra Thal (username) :

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.

Debra Thal (username) :

The release could be upheld in Court.

Debra Thal (username) :

It depends on the facts but it's not at all wise to sign it just in case a Court does uphold it.

 
Tweet

Lawyers are Online Right Now

Ask Your Question Now
Canada Law Questions Date Submitted
are you a lawyer specializing in Canadian Immigration? 4/27/2013
My Mother is 90 yrs old living with my sister 70 yrs old in 4/21/2013
Can I sell my condo to a buyer that I found on my own while 4/20/2013
After submitting a questionnaire, what is the consequences 4/20/2013
NA-100 4/12/2013
NA-100 3/31/2013
My boy friend is muslim and already married with two kids. 3/6/2013
My husband willed a house he owned to his sister. She has always 3/1/2013
Corporation X hires Consultant A's services for the development/editing 2/14/2013
does being refused and banned for 2yrs during student visa application 2/13/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Canada Law Question Here...
characters left:

Top Canada Law Experts

See More Lawyers

JustAnswer in the News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
210 Lawyers are Online Now
Type Your Canada Law Question Here...
characters left:
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan