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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101458
Experience:  Lawyer
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If a sole practice doctor dies would his secretary be

Customer Question

If a sole practice doctor dies would his secretary be entitled to termination payment?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I'm sorry to hear of this difficult and sad situation.Yes. The secretary is entitled to termination pay and the estate would owe the secretary whatever monies the doctor would have owed her/him had the doctor dismissed her/him without just cause.Does that answer your question?Feel free to post back with any follow-up questions that you may have. If you do not have any follow-up questions then I hope I have earned a five star rating. If you do not feel that I have earned this rating please do not hesitate to let me know how I can better assist you. Finally, please know that even after you rate me I will still be here for you and you can still ask me follow-up questions at no later charge.
Customer: replied 1 year ago.
How many weeks termination
Expert:  Debra replied 1 year ago.

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

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

Expert:  Debra replied 1 year ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Customer: replied 1 year ago.
The doctor died and the office was closed. We gave her 11 weeks pay. She worked full time for 19 years and part time for 5 when the doctor semi retired. How many more weeks would she be entitled to?
Expert:  Debra replied 1 year ago.

It is likely the case that the court would base her week's pay on her income during the past 5 years.

But 11 weeks would not be considered enough. It is possible she could get much more. It could be close to a year's pay at part-time wages.

So it may be best to retain an employment lawyer to assist you in negotiating with her.

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

You are very welcome.

I am sorry for your loss.

Expert:  Debra replied 1 year ago.

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