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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99961
Experience:  Lawyer
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I was told today that I was being terminated due to the

Customer Question

I was told today that I was being terminated due to the econamy. I have been with this company for 27 years, I was given the option of leaving right away or finishing out the month and saying I am retiring. I was told I would get a package either way but I was wondering if the have to give me more if they terminate rather then me saying I was going to retire?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

If you are dismissed you are entitled to termination pay and if you like I can explain how that works.

If you retire you are not entitled to termination pay.

It sounds like they are saying you are being dismissed and they will pay you the same amount either way but you certainly should be getting that in writing before you decide to accept or reject any offer.

Do you see what I mean?

Customer: replied 1 year ago.
Do you think I will get the same package either way?
Customer: replied 1 year ago.
Could you tell me what a standard package would be after 27 years
Expert:  Debra replied 1 year ago.

They said the same package would be offered either way. I would hope so.

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. If you were not in a managerial position the Court would order somewhat less.

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

You are very welcome.

I hope this works out for you.

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