Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law
This answer was rated:

Hi. My husband was recently laid off and was offered a severance

package to be paid a...
Hi. My husband was recently laid off and was offered a severance package to be paid a continued weekly for the next 7 months. when he gets a job the outstanding amount will be paid to hi in a lump sum of 50% of what is left. We have till Monday to accept the offer. We want to counter with an upfront payment and extent for a 12 months instead of the 7 months and will waive the benefits with a payout of the agreed value of $2704 added on top. Not sure if this should be done by ourselves or sent by a lawyer and wonder in what a counter will do to the original offer. We cant afford to be without the original offer at all
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 24 minutes by:
8/23/2013
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,612
Experience: Lawyer
Verified
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

How long did your husband work there for?

What province is this please?
Ask Your Own Canada Law Question
Customer reply replied 4 years ago


12 years


 


Ontraio

The laws is that your husband is 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 he worked for the employer, his age, his position, the likelihood of finding new employment etc.

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

So it sounds to me that the offer is too low.

And they are pressuring him to sign as they likely know it and are using common scare tactics to prevent him from going to a lawyer and getting some legal advice.

So he should not succumb to this pressure. They can take back the offer but they know full well they will be dragged into Court. 12 years is a very long time.

I suggest that your husband try to make an appointment with an employment lawyer for the beginning of next week and tell the employer that he needs to get some advice before signing.

You husband can contact the Law Society and use their Lawyer Referral Service. He will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

I don't think it's prudent to counter-offer without out this advice at the least.
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,612
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

thanks..can they make the payments installments or is it reasonable to expect to have severance paid in a lump sum and be done with them

You should be able to get a lump sum amount. A Court would order a lump sum amount in most cases.
Ask Your Own Canada Law Question
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,612
102,612 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

102,612 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I want to ask a question here, it is about the broken pipe.
Hi, I want to ask a question here, it is about the broken pipe. I am a international student in Guelph, Canada. I live in a house with my roommate. Few days ago, I went to Vancouver and my roommate al… read more
Debra
Debra
Lawyer
102,612 satisfied customers
My mother recently passed away, we have been estranged for
My mother recently passed away, we have been estranged for many years. My siblings who live in the same area as she did didn't even want the rest of us to know. And they are claiming that there is not… read more
Debra
Debra
Lawyer
102,612 satisfied customers
Is it legal for landlord to show our place to whoever when
Is it legal for landlord to show our place to whoever when there's no agreement about us moving?… read more
Debra
Debra
Lawyer
102,612 satisfied customers
If I have two kids that live with me full-time from a
If I have two kids that live with me full-time from a previous marriage and I also have a common-law partner who have been with for the last four years her and I also have a son together if we break u… read more
Debra
Debra
Lawyer
102,612 satisfied customers
This is only for There are a couple of troublesome things
This is only for Debra There are a couple of troublesome things with this claim. Number one is how can they file for default when I have never stopped making payments and they actually requested I sto… read more
Debra
Debra
Lawyer
102,612 satisfied customers
I was wondering. I got ticket for stunt driving. speed 154
I was wondering. I got ticket for stunt driving. speed 154 km/hr. That was before thansgiving in 407. everybody was speeding. I never have speeding ticket before. I god a deal - decresed to 4 point and $343. Can I have chance to fight to decrease points further? … read more
Debra
Debra
Lawyer
102,612 satisfied customers
Question 1: I would like to know how the judicial process
Dear Sir, Question 1: I would like to know how the judicial process handles the following events: 1.) Employer has promised an Employee something. a. Employee has completed his requirements. b. Employ… read more
Debra
Debra
Lawyer
102,612 satisfied customers
Is it legal for a landlord to come and yell at a renter when
Is it legal for a landlord to come and yell at a renter when rent is late a couple of days?… read more
Debra
Debra
Lawyer
102,612 satisfied customers
I have a SX-1 visa expiring in 2022. I want to stay and work
Hi Debra, I have a SX-1 visa expiring in 2022. I want to stay and work in Canada. Can i do that with this visa? … read more
Debra
Debra
Lawyer
102,612 satisfied customers
I was charged with domestic assault on December 24 2017. I
I was charged with domestic assault on December 24 2017. I am a 52 year old woman. I have never been in trouble with the law. My lawyer says he can get the charges dropped. The first court date is Feb… read more
CaptanLaw
CaptanLaw
Lawyer
Juris Doctor (Law Degree)
224 satisfied customers
I am thinking about getting a divorce. Can i force my spouse
I am thinking about getting a divorce. Can i force my spouse to sell the house to get my half even if he doesn't want to. … read more
Debra
Debra
Lawyer
102,612 satisfied customers
We are a tow company Q. do we have to deal with a customer's
we are a tow company Q. do we have to deal with a customer's Ins co. are we allowed to deal directly with the owner of the vehicle and demand payment from him. reason we do not want to deal with said … read more
Debra
Debra
Lawyer
102,612 satisfied customers
I have a few questions relating to deed in lieu of
Hello, I have a few questions relating to deed in lieu of foreclosure, foreclosure laws specifically for Alberta, Canada, and all this in relation to bankruptcy. One question in particular which may m… read more
Debra
Debra
Lawyer
102,612 satisfied customers
Just paid deposit for reno work yesterday and want to
just paid deposit for reno work yesterday and want to cancel. how? … read more
Debra
Debra
Lawyer
102,612 satisfied customers
My tenant is far in arrears.Now$990 for january,but she is
my tenant is far in arrears.Now$990 for january,but she is in the hospital and has cancer.She will be home soon but she has no job.What should i do … read more
Debra
Debra
Lawyer
102,612 satisfied customers
Can I cut down tree branches that overhang my fence and
Can I cut down tree branches that overhang my fence and knock on the house roof. … read more
Debra
Debra
Lawyer
102,612 satisfied customers
Can a condo corporation have the right to make a by-law
can a condo corporation have the right to make a by-law stating that under condos owners are prohibited to renting out their condos or is this against the human rights code thanks … read more
Debra
Debra
Lawyer
102,612 satisfied customers
US Family moving back to canada. Canadian Husband is
US Family moving back to canada. Canadian Husband is sponsoring American wife. Wife has some family members residing in Canada without status currently. One of the documents we have to fill out asks f… read more
Debra
Debra
Lawyer
102,612 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x