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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85780
Experience:  Lawyer
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My husband has been employed by CP Rail for 32 years. Hes

Customer Question

My husband has been employed by CP Rail for 32 years. He's eligible for early retirement this fall, or full retirement in three years' time. He would like details about how much income he'd receive if he retires now or later, but CP's H.R. department has established a procedure whereby he cannot ask for that information without committing to take the action within six months. In other words, if he wants to know what the pension payouts would be this year or in three years, he would have to commit to retiring within six months of making this request, effectively notifying the company that he's taking early retirement without having the option to withdraw that "request". A number of my husband's fellow workers have gone through this recently so we know that it's true. Also, the H.R. department, located in Calgary, is not accessible to employees except by leaving a voice mail message on a Vancouver number. Often the employee does not receive a reply. No other phone number or email address is provided to employees.

Is there some way to force the company to provide pension information to my husband without him having to commit to an early retirement date? Do you know if employees have any recourse to force the H.R. department to respond to their requests? We appreciate any advice you can provide.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Debra Thal :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Debra Thal :

Your husband can send the Pension Plan administrator a letter.

Debra Thal :

In the letter he can state that he is in the process of information gathering.

Debra Thal :

He has to make some decisions about his future.

Debra Thal :

He needs to be able to make an informed decision as this decision will be life-altering and irreparable.

Debra Thal :

And he wants to know.......

Debra Thal :

If that does not work his next step could be to have a lawyer write the same sort of letter.

Debra Thal :

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:

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

Debra Thal :

Let me know if you need any further clarification.

Customer:

Hi Debra. Thank you for getting back to me. Further to your suggestions: I assume it would be a good idea for my husband to clearly state in his letter that he has not made a decision regarding when he will retire and that his letter should not be interpreted as being a request to retire (or something to that effect)? Also, if he doesn't receive a response from the HR/pension administrator and we go to our lawyer to draft a second letter, then what? Is my husband legally entitled to the information he wants as I stated above, or are we just making a request that we hope they will respond to? If they don't respond to a letter from our lawyer, is there any further action we can take to get this information?

Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85780
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 1 year ago.
Yes he should say he is not making any decision at this time and has not decided to retire but is at the information gathering phase.

I cannot read all the document (your lawyer could) but I believe your husband is entitled to this information and he could get a court order if necessary.
Customer: replied 1 year ago.


Expert:  Legal Ease replied 1 year ago.

Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!
Expert:  Legal Ease replied 12 months ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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