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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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This is a question about Alberta Labour Law: What is

Customer Question

This is a question about Alberta Labour Law:
What is considered a typical settlement if an employer asks the employee to stop working for the company?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Thanks for your question.

How long has the employee worked for the employer for?

Is the employee in a union?

Customer: replied 11 months ago.
14-15 years and no union, as management without any contract.
Expert:  Debra replied 11 months ago.

The employee is 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 the employee worked for the employer, their age, their position, the likelihood of finding new employment etc.

At the high end, if they 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 they were not in a managerial position the Court would order somewhat less.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 11 months ago.
Thank you, ***** ***** 62 and have had recent heart issues, we have a very limited disability agreement.
Expert:  Debra replied 11 months ago.

I am sorry to hear that. They cannot dismiss you because you are disabled.

They are required by law to try and accommodate your needs and must do so as long as they are reasonable and do not cause them to suffer undue hardship. Otherwise that would be discrimination.

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?

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