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Law Maven
Law Maven, Lawyer
Category: Canada Law
Satisfied Customers: 164
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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I am a woman 63 years of and was given verbal termination notice.

Customer Question

I am a woman 63 years of and was given verbal termination notice. I was offered 2 months salary plus ten thousand dollars after 14 years and three months with the company. The reason for my termination is that they want younger people to do more with excel and they needed the office I am in. What should I get for severance pay.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Law Maven replied 2 years ago.
Hello – my name is***** am a Canadian lawyer, and I’ll be happy to help with your question today. I will need to know what province you have been working in so that I can check the specific legislation that applies.
Expert:  Law Maven replied 2 years ago.
Under the Alberta Employment Standards Code,56 To terminate employment an employer must give an employee written termination notice of at least(f) 8 weeks, if the employee has been employed by the employer for 10 years or more. Severance pay is pay instead of the notice period, so the 2 months salary offered is essentially the legal entitlement under the Code. Please Note: If you are working in a unionized field with a collective agreement, or if you have a specific employment contract that sets out terms those agreements can expand entitlement. Since you have not mentioned that sort of contract, I cannot comment on whether you have a greater legal entitlement. The fact that they are offering more -- the extra $10,000 -- indicates that they may be aware that there's a possible issue of a Human Rights Act complaint on the basis of age discrimination. If your manager has actually stated that the reason for termination was that they wanted to hire younger people, you would have a strong case for discrimination. Depending on what other evidence you might be able to bring your chance of winning would vary. Certainly if you're going to negotiate, not going to court against an extra severance amount, you could argue that they should pay you until age 65 when you can start collecting a pension. Depending on what your salary is, and how much the employer thinks it would cost to argue in the Human Rights tribunal, it could be cost effective for them to pay you off. I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer. My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

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