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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I was let go on Monday morning (Aug 29, 2016) and was asked

Customer Question

Hi!I was let go on Monday morning (Aug 29, 2016) and was asked to sign an agreement to release and discharge the company I worked for from any and all claims before Sept 6/16. They said they would give me 4 weeks pay if I sign this agreement before Sept 6, 2016. I have worked for this company since Jan 5, 2015 and have not received any warning letters. My position at first was Account Executive and then I was promoted to Director of Marketing in Sept 2015. In late Feb 2016, I had troubles with menopause and anxiety working 55 hours a week (getting paid for 40 hours). I was not sleeping properly and was stressed out. I went to the doctor's and was put on anti-depressants for my menopause and anxiety. I was off work for 2 weeks from Feb 22/16 to March 4/16 seeing a counsellor and doctor. My Mom was diagnosed with gallbladder cancer on March 2, on March 31 the second oncologist confirmed Mom's diagnosis and she started chemo, April 2 my son had a car accident and totaled the car. In late March, early April the VP and AVP told me that with everything that is going on we will be putting you at an Account Executive position, I agreed and asked, will I be able to go back to Director VP said yes, if you work hard. My father-in-law had quad. by-pass surgery on April 7, my Mom started to go down hill with the cancer and being on chemo and my mother-in-law had a stroke in May 2016, which on July 1/16 we found out is a brain tumour on her brain stem. Alot has happened but the VP and AVP are aware of everything expect the anti-depressant pills. As they have given me 4 weeks severance to not make a claim, what should I do?Please advise.Thanks.
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

I am terribly sorry to hear of these terrible events your families lives. This dismissal is the last thing you need.

The law is 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.

Given that you've worked there for over a year and a half and that part of the time you were in a managerial position that 4 weeks may be a little less than what a court would order.

I suggest that you consider retaining an employment lawyer who can demand another 2 or 3 weeks pay for you. They may agree to pay to avoid a lawsuit.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

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