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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97461
Experience:  Lawyer
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Our company was recently purchased by another one and they

Customer Question

Our company was recently purchased by another one and they gave me an offer letter indicating that my last date of employment is January 2018 as they thought that is when I wanted to retire. I have been with the company for 22 years as a general manager in high standing and not ready to retire for at least 4 years. What is my recourse? I did sign that offer letter about 4 months ago.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Canada
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's it for now unless they have other questuons
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 sorry to hear this.

Why did you sign the offer?

Customer: replied 1 month ago.
Not sure. Felt pressure at the time but felt that the people taking over were reasonable to work with.
Expert:  Legal Ease replied 1 month ago.

So you were offered essentially what is one year and four month's working notice and no termination pay and you accepted?

Did you get independent legal advice?

Customer: replied 1 month ago.
No I didn't get any legal advice prior. I know the people that took us over and didn't see that it would be a problem.
Expert:  Legal Ease replied 1 month ago.

You missed one question:

So you were offered essentially what is one year and four month's working notice and no termination pay and you accepted?

Customer: replied 1 month ago.
Basically yes.
Expert:  Legal Ease replied 1 month ago.

16 months after 22 years is not bad.

If you were senior executive at the most you would get 22 months after 22 years.

If you retain a lawyer and have the lawyer send them a letter indicating that you didn't know the law, didn't understand your rights and were unduly pressured you may be able to get a bit more.

Or you may be able to get them to dismiss you without just cause now so you get termination pay instead of working notice.

But you cannot compel any employer to keep you on (unless you are in a union).

So your next step should be to consider consulting with an employment lawyer face to face.

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.

Customer: replied 1 month ago.
It's not that I got 16 months. I just got 16 months more to continue my job. I just don't want to stop working at the end of Jan/2018.
Expert:  Legal Ease replied 1 month ago.

I know that but that part is not your choice.

As I mentioned you cannot compel an employer to keep you as an employee.

You are only entitled to reasonable notice, reasonable pay in lieu or notice or a combination of the two.

Expert:  Legal Ease replied 1 month ago.

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

Customer: replied 1 month ago.
No thank you
Expert:  Legal Ease replied 1 month ago.

Then can you please rate me as I won't get paid until you do?

Thanks and have a peaceful and joyous new year.

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