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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100036
Experience:  Lawyer
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Is it legal to work severance pay

Customer Question

is it legal to work for my severance pay
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
The company i worked for for 8 years has sold to another company. I was offered to work for the old company for 8 weeks. That was how they paid me my severance by still being on payroll. But I believe that is wrong I only accepted it because they were in need of getting work completed so i did it, but I feel that was not right
Expert:  Debra replied 1 year ago.

Are you saying they offered you notice instead of pay in lieu of notice?

Customer: replied 1 year ago.
The offer they offered me was just verbal nothing in writing and just kept me on the payroll and just paid me my biweekly salary that was suppose to be 8 weeks but they shorted me 6 days. My records do not march theirs and now he's saying something totally diffrent from the verbal offer. So that's why I'm seeking advice and I have also filed a claim with the ministry of labour. I basically was told 8 weeks which would have been from July-august. But he's saying it was only to august 18. But I worked for them till the end of august
Customer: replied 1 year ago.
If they knew that aug 18 was the 8 weeks. Why did they continue bring me work to be done till the end if august and they they refuse to pay
Expert:  Debra replied 1 year ago.

The law is that you are entitled to receive reasonable notice or pay in lieu of notice or a combination.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

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

So 8 weeks is not enough and that's quite clear.

But they can give you working notice or pay or a combination.

It sounds to me that your next step should be to consult with a lawyer face to face.

You can contact the Law Society and use their Lawyer Referral Service. You 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-***-***-**** or(###) ###-####(within the GTA)

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