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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95904
Experience:  Lawyer
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Was released from a company after 13+ years unexpectedly of

Customer Question

Was released from a company after 13+ years unexpectedly for reasons of change in business direction. Was paid out all owed monies. But was ROE'd as terminated. This will hamper EI claims. Can company do this without notice or recourse with no just cause?
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

No but what did they say when you asked them to amend the ROE?

Did they pay you termination pay?

Are you in a union?

Customer: replied 4 months ago.
Hello, I haven't asked them to amend the ROE yet, still in a bit of shock of being released 'all of a sudden'. They did pay out the severance based on what Alberta employment standards mandates. (pay in lieu of notice). I was curious if I had any other recourse as I am essentially starting from scratch now. I have never been in this situation before. I am not part of a union. I was told that the rest of the staff was notified of my termination via email shortly after, stating that change of business requirements and that they wished me luck in the future.
Expert:  Legal Ease replied 4 months ago.

How long did you work for them for?

How much in terms of weeks or months did they give you?

Did you sign a release?

Customer: replied 4 months ago.
Hello, I was with them for 15 years (would be this Dec). Didn't sign a release. I got paid out all of the TIL they owed me. (194 Hours) + 8 weeks severance in lieu of notice.
Expert:  Legal Ease replied 4 months ago.

8 weeks severance after 15 years is exceedingly low and a court would order more.

That is because you would be entitled to more than the minimum about set by the Act.

A court would say that you are 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.

And the ROE is simply wrong. You were not dismissed for just cause and so it has to be corrected so that you can get EI.

For these reasons I suggest that you consult with an employment lawyer face to face as your next step.

Let me know if you need any further clarification.

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