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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97381
Experience:  Lawyer
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Our company is laying people off to make it more attractive

Customer Question

Our company is laying people off to make it more attractive to sell. I had been at my previous employer for 12 years and this company promised me an attractive package to quit and work for them. I have been here 4 years. I am 54 years old. What am I entitled to? Also, U.S. employees paid from our Mississauga office (this is our head office) are they covered by Ontario/Canada labour laws?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
I am sorry to hear this.Because you were lured away from a previous employer where you would have been entitled to significant termination pay because of the 12 years employment this employer will be required to provide you with considerably higher termination pay than would otherwise be the case. That is particularly true because of the promises that were made to you. Usually, you would be 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 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 in this case you would be entitled to considerably more.I cannot know what you would in fact be entitled to as I cannot analyze details or provide advice as that would be practicing law online.But it is certainly worth consulting with an employment lawyer face to face in this case. 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-***-***-**** or ***-***-**** (within the GTA) Only employees actually working in Ontario are covered by our laws.
Customer: replied 1 year ago.
employees have phones in our mississauga office but are on the road in the states all week. Payroll is through Mississauga. So if our total payroll is over 2.5 million but this includes the U.S. guys, does that count? I am in a managerial position
Customer: replied 1 year ago.
So if you have an office in mississauga, but work travelling, are you considered an Ontario employee?
Customer: replied 1 year ago.
it says I have 5 minutes work time left btw
Expert:  Legal Ease replied 1 year ago.
Yes. If you have an office in Mississauga and just travel for work then Ontario laws would apply and they would be Ontario employees.
Customer: replied 1 year ago.
if they lay me off but offer me freelance work, am i still entitled to the severance pay?
Expert:  Legal Ease replied 1 year ago.
You would have to negotiate that. Freelance works may not offer the security so a Court would likely order that you be paid termination pay regardless but perhaps less.

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