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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99925
Experience:  Lawyer
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Hi. My husband was recently laid off and was offered a severance

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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
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How long did your husband work there for?

What province is this please?
Customer: replied 3 years ago.

12 years



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 and other Canada Law Specialists are ready to help you
Customer: replied 3 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.

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