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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98932
Experience:  Lawyer
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SEVERANCE PAY FROM SMALL COMPANY OF 10 EMPLOEES AND 1

Customer Question

SEVERANCE PAY FROM SMALL COMPANY OF 10 EMPLOEES AND 1 MILLION PAYROLL
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Please provide the basic facts and let me know if there is a union.

Customer: replied 1 year ago.
there is not union. person was laid off for a year, then paid for 8 weeks and fired. she worked in the company for 17 years. She is 68 years old, was laid off when she was 67. now is asking for severance pay.
Expert:  Debra replied 1 year ago.

Her 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 she worked for the employer, her age, herr position, the likelihood of finding new employment etc.

At the high end, if she 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 she were not in a managerial position the Court would order somewhat less.

8 weeks is completely inadequate.

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