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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100466
Experience:  Lawyer
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I was employed with an engineering company years as a

Customer Question

I was employed with an engineering company for 5 years as a department manager, never had a bad review. Was let go,given 4 wks severance was told it was due to the economy and in writing it was stated "no cause".
A month later they hired a new person to fill my old position. I am 58 and the engineering company is in Calgary. Is it worth my time to try to get more compensation?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Yes it is.

You did not receive what you were entitled to receive by way of termination pay. This has nothing to do with the fact that someone else was hired. It has to do with the fact that an employer must provide an employee with reasonable notice or pay in lieu of notice when the employee is being dismissed without just cause.

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, as 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.

For this reason your next step should be to consult with an employment lawyer face to face.

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