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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99929
Experience:  Lawyer
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I have been off and was employed for 11.5 yrs, I was given

Customer Question

I have been laid off and was employed for 11.5 yrs, I was given an amount that I think is low for a severance.... Can you tell me how a severance is calculated?
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

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.

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 9 months ago.
what is reasonable for someone not in a managerial position? 1 week, 2 weeks in lieu?
Expert:  Debra replied 9 months ago.

I would say at least 2 if not more but it depends on all the factors that I explained.

Customer: replied 9 months ago.
I am 43, worked 11.5 yrs and worked in the oilfield as a derrickhand.... They are only offering 10,000. Doesn't seem right, what do u think?
Expert:  Debra replied 9 months ago.

How many months does that work out to?

Customer: replied 9 months ago.
All depends on hrs but I would say 10,000 is on average about 2 to 2.5 months before taxes
Expert:  Debra replied 9 months ago.

That is not nearly enough.

I suggest that you consult with an employment lawyer in your city as your next step.

The lawyer can threaten a lawsuit and if necessary you can sue.

Customer: replied 9 months ago.
That's what I was thinking, thanks for your advice
Expert:  Debra replied 9 months ago.

You are very welcome.

I hope things work out.

Customer: replied 9 months ago.
Would you be able to give me an approximate amount from what I told you
Expert:  Debra replied 9 months ago.

I would think you should get between 6 - 8 months if not a bit more.

Customer: replied 9 months ago.
Sounds good
Expert:  Debra replied 9 months ago.

Good luck!

Expert:  Debra replied 9 months ago.

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

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