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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101417
Experience:  Lawyer
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I have been employed as a Condominium Property Manager with

Customer Question

I have been employed as a Condominium Property Manager with the same firm for 9+ years. Nothing negative on my record. I am currently managing a stand alone Corporation which gave us termination notice that effective December 31, 2015 another company will be taking over.
My current employer does not have another Corporation for me to manage, and has indicated that the company taking over is responsible to either offer me employment at another site or pay me the severance to which I am entitled. This is obviously very confusing at a stressful time.
Can you please provide clarification in this matter?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What is your specific question?

Customer: replied 1 year ago.
it is listed on this page.
Expert:  Debra replied 1 year ago.

Yes but I don't understand what you mean when you simply give me a question saying you need clarification.

I understand the facts but I'm not sure what you need clarification on. For example, are you asking who will owe you termination pay and how much if you are terminated?

Customer: replied 1 year ago.
I would think the onus is on my current employer to pay me severance pay. Also, if I receive employment on my own through another company am I still entitled to severance pay? Thank you.
Expert:  Debra replied 1 year ago.

MIf you are not being offered a position with the new employer that is identical and with the same pay as with your former employer, and where the new employer guarantees that you are being treated as if this is a continuous employment, then your former employer absolutely owes you termination pay. It is the same as if your former employer was dismissing you.

If you are not provided with termination pay and you sue ioyou will have to provide proof of damages. If you get a new job right away there are some damages because you won't have the years of employment to back you up if you are dismissed but the damages are not quite the same.

Do you see what I mean?

Customer: replied 1 year ago.
I do. I cannot see the new employer just writing me a cheque for termination pay if they don't have a position for me. The contract ends December 31, 2015, do you know what the time frame is for the new employer to offer me a position?
Expert:  Debra replied 1 year ago.

It should be offered to you now.

You don't have any security so you have to demand termination pay from the current employer now.

Customer: replied 1 year ago.
Would you recommend a consultation with a lawyer?
Expert:  Debra replied 1 year ago.

Yes that would make a lot of sense.

Customer: replied 1 year ago.
Thank you very much.
Expert:  Debra replied 1 year ago.

You are very welcome.