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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100408
Experience:  Lawyer
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After 21 years of loyal service to my company. I was greeted

Customer Question

After 21 years of loyal service to my company. I was greeted at work after returning from a 3 month short term disability leave with a termination notice
I was presented with my termination letter which stated numerous lack of performance issues in my role as an Senior Account manager with one of our major clients who I have dealt with for 18 yrs. After inquiring regarding the basis of these allegations which came apparently while I was away, no real justification was provided by my employer.
I was asked to sign a release form to approve my severance package which was 10 weeks of salary.....on signing the release within a week of termination I would be entitled to 4 more weeks of severance..
Do I have any recourse in negotiating for more severance....also, some of the comments made in the termination notice seemed to be defamation of character..
To this date I have not signed....
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
You don't have to accept this and should not sign a release. You are entitled to receive 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. f you were not in a managerial position the Court would order somewhat less. For these reasons you should be retaining a lawyer at once. You are not being dismissed for cause as if you were then you would not be offered any termination pay but in any event you can sue that client if the client told lies that harmed your reputation. That would be defamation. If the client offered opinions and expressed concerns but did not lie then there is no basis for suing that client. Does that help as a starting point?

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