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Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2019
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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Severence pay conditions. my husband has been off on disability

Customer Question

Severence pay conditions.
my husband has been off on disability for several years In March he turned 65 and his disability insurance from his benefits ceased. He has not quit and cannott return to work. If he quits is he entitled to severance?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Copperlaw replied 2 years ago.
Good evening, I would be happy to assist you.
The HR department is correct. If he resigns from his position, even though he is off on disability, he has no entitlement to severance, as this is only available when an employee is terminated by the employer, without cause. Further, he would also not be entitled to other benefits such as anything from Employment Insurance.
His best course of action is to hold tight and await a decision from the employer with regard to how they are going to proceed. Ultimately, they'll likely terminate him and provide him with a package of some sort. He may want to approach the HR department about the possibility of this, taking a package and being terminated.
I look forward to hearing back from you so that I may ensure that you get all of the information you are seeking.
Also, it is greatly appreciated if you would take a moment to provide me with a positive rating as this assists me to build my reputation on this site.
Warm Regards
Expert:  Copperlaw replied 2 years ago.
Hi, I see that you were back in and viewed my response however I do not see a reply from you. Please let me know if you are satisfied with the information I have provided or if you require anything further.
Also, please take a moment to leave me a positive rating as this helps to build my reputation here on the site.