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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96413
Experience:  Lawyer
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That would be great My husband just got a package at work.

Customer Question

that would be great My husband just got a package at work. He has been with the company for 20 years. They gave him 20 months severance pay. Is he entitled to more?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: we are in ontario
JA: Has anything been filed or reported?
Customer: by us you mean?
JA: Anything else you want the lawyer to know before I connect you?
Customer: he also has over 30 weeks in unused vacation pay that they were going to pay out to him the last cheque this year. Can he start taking that now so he wont get taxed on it at his high rate? Essentially he would loose most of it in the payout but now that he's gotten a package we are wondering if he can take the vacation time and be paid for it?
Submitted: 19 days ago.
Category: Canada Law
Expert:  Legal Ease replied 19 days ago.

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

Expert:  Legal Ease replied 19 days ago.

I am sorry to hear that this happened.

During his employment did he receive benefits and if so are they going to continue for the 20 months?

Customer: replied 19 days ago.
He did have benefits. I think he said it would be partial benefits. So not the same extent we have now
Expert:  Legal Ease replied 19 days ago.

I understand.

Firstly, 20 months pay for 20 years of employment is at the very high end. The Court would not order more.

However, partial benefits is not acceptable as the law is clear and that for the 20 months of severance he is to receive the same benefits he was receiving during his employment. The Court would order that the benefits continue for 20 months.

If they had agreed to pay him out for the 30 weeks then that is what must happen. He can ask them if they will allow him to start taking the vacation time now but he cannot compel it.

My suggestion is that he sit down with an employment lawyer face to face with a view to retaining the lawyer to send them a letter demanding the full benefits for the 20 month and also trying to negotiate something so that he can take the vacation now rather than suffering a higher tax penalty later on.

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 18 days ago.

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

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