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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
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I work for a doctors office for 27 years, for one doctor.

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I work for a doctor's office for 27 years, for one doctor. This company has stopped I now work for that doctor +3 others. They have offered me less pay and start at zero seniority. They want me to give six weeks notice if I was to resign at any time. At the same time I am starting from zero.
Submitted: 11 months ago.
Category: Canada Law
Expert:  Law.Hut replied 11 months ago.
Hello:


Your recourse if you don't agree with this is to sue the prior doctor's company that employer you for wrongful dismissal. It is possible to seek a court order that allows you to sue a company that had been discontinued. The basis for the lawsuit is that you are no longer being employed. The new company is offering you a new contract but is not taking on the obligations of your prior employer to you, and those obligations would include giving you reasonable notice, or pay in lieu of notice, if they want to dismiss you, or if they want to make significant changes to your job such as a significant reduction in salary or wages. The amount of notice they must give is not fixed by any law but increases given the amount of service that you have with the employer, and would be many month notice likely given your long period of work.

A lawyer is not mandatory for this but the law and procedure involved is not simple, particularly if the prior corporation is no longer still in existence, and an experienced employment law or civil litigation lawyer will be very useful. We are not allowed to refer you to specific lawyers here due to site policies, nor can we give you legal advice. But the Law Society of Upper Canada has a free referral service and they have information on that at their web site. I would suggest that you contact a lawyer and discuss this in detail face to face before you make any decisions.

I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Expert:  Law.Hut replied 11 months ago.
I should add that if the new corporation has purchased the business from the prior company then you may be able to sue that corporation for wrongful dismissal and would not need to pursue the prior corporation. You certainly do not lose out on your rights to fair notice given your length of service though just because the first doctor sells his business to a new corporation. By the exact choice of which corporation to sue (or threaten to sue) is something to decide in face to face discussions with a lawyer.
Customer: replied 11 months ago.

 


Legally should I be receiving a severance from the previous company or can they just stop me with one company and start fresh with another just ignoring any of the previous service? Should my service be recognized either as a severance or as continuing service with the new group?

Expert:  Law.Hut replied 11 months ago.
It must be one or the other. If an employer want to sell the business, then either the new business must either take you on and accept all responsibilities that come to you as a long term employee (such as seniority and the length of notice for major changes or dismissal of employment), or you can sue the prior employer. ...So if I sell a business and do not arrange for the new owner to accept all the employer obligations, then I as owner remain responsible to those employees. ...In no case can the employer transfer the business and just make the employee obligations disappear. They are either formally transferred or they remain that perEmployer's legal obligation.
Customer: replied 11 months ago.


They gave me the contract last Friday afternoon and wanted signed today which I did not. I would prefer to speak to a lawyer face-to-face prior to signing. What if the prior company or Dr. in this case just dissolves his company and joins the new company that includes four doctors? Could I make my demands known on this contract and see what they will agree to? For example seniority or severance, holidays, job description etc.

Expert:  Law.Hut replied 11 months ago.

You can certainly negotiate with the new employer. Nothing prevents that from occurring. But if you cannot reach an agreement you believe is fair given all your past service, then it will be a legal decision to make as to whether you sue the prior doctor's corporation or if his obligations have been transferred to the new corporation. Just your seeing if you can get to an agreement with he new employer would not mean you could not sue the former corporation if that is what a lawyer later recommends.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7460
Experience: with over 15 years experience.
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