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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101013
Experience:  Lawyer
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My husband has worked same company past 38 ur she will be 55

Customer Question

My husband has worked for the same company for the past 38 ur she will be 55 next June,he went to human resources to get a retirement date at the meeting they told him that he will receive severance of $75,000,so we bought a house in another province.the union came to him 3 or 4 days later and told him he will not be receiving severance as the agreement book states that a person has to be 55 before September 2015
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

I am sorry to hear that this happened to you.

Regardless of what the collective agreement states the employer's agent binds the employer and the agent stated that your spouse would receive $75,000 for termination pay. Your spouse relied on this statement made by the employer and can now not be hurt because he did so. For this reason it is very likely that if your husband sues the employer to compel them to adhere to the terms agreed upon by the HR staff the court will require the employer to pay the $75,000 to your spouse.

I suggest that your spouse's next step be to consult with a lawyer face to face with a view to retaining the lawyer to send a letter to the employer threatening a lawsuit.

Customer: replied 2 years ago.
Should I talk to the union or management before I go to a lawyer
Expert:  Debra replied 2 years ago.

I suggest talking to management.

Customer: replied 2 years ago.
I have an appointment with HR tomorrow and want to know if HR says no I'm not receiving the money,do I have to go to the union as I am not sure if I have to give the union a chance to fight for me or do I just go to a lawyer
Expert:  Debra replied 2 years ago.

You can go to the union first and see what happens.