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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101009
Experience:  Lawyer
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After 6 years with my company, i was recently let go due to

Customer Question

after 6 years with my company, i was recently let go due to a shortage of work. On my ROE, it has the letter "A" on it for laid off and the reason is that there is a shortage of work. I was given a settlement that equaled out to approximately 12 weeks of pay. My issue is that i was informed that they hired someone to take my job shortly after i was dismissed. I realize that i signed a release and took a settlement, but that was while i was under the impression that i was being let go due to the slow industry. I am wondering if i have any type of wrongful dismissal case, or if the accepting of the settlement voids that? on another note, i was dismissed on a thursday, the day before i left for my vacation. i had to have the release signed by the following money (i got back that friday night) or else it was assumed i would not want the settlement. so basically, i had no time to look into my options and was somewhat forced to sign. It should also be noted that my employer knew of my vacation departure and return.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I am sorry to hear that this happened to you. The law is that the employer can dismiss you without just cause and so doesn't need a reason to dismiss you but at the same time the employer is required to provide you with reasonable notice or pay in lieu of notice. 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.12 weeks is likely low. And while you did sign a release you were pressured to sign, lied to and did not have independent legal advice and so it is possible a Court would set the release aside and allow you to sue. I suggest that as a next step you consult with an employment lawyer face to face with a view to retaining the lawyer to send the employer a letter demanding additional compensation and threatening a lawsuit.Let me know if you need any further clarification.
Customer: replied 1 year ago.
Thank you for your prompt response. Incidentally, it was a managerial position I held. I will speak with an labour lawyer face to face.
Expert:  Debra replied 1 year ago.
So they likely gave you half of what a Court would have ordered. For sure see a lawyer as soon as you can. Take good care.