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I have a question regarding a severance proposal. No one.

I have a question...

I have a question regarding a severance proposal

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No one

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Not a union employee

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Answered in 3 minutes by:
3/16/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,908
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Customer reply replied 1 month ago
Hi Debra, I haven’t actually asked my question yet. Are you available to chat?

Please provide me with the basic facts and then your specific question.

Thanks

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Customer reply replied 1 month ago
I was terminated from my job on March 12 and received a severance proposal. They said I will receive just over 18k. This was on a signed document from the HR Director. She also created a “termination summary” which was not signed, stating they will pay me 12k. I sent an email and said I will sign the release when I receive confirmation that I will be paid the 18k as per the letter. And she just got back to me and sent a revised letter stating that they will only pay me 12k. She said the original letter was her mistake.
Customer reply replied 1 month ago
Can they do this? Am I obligated to discard the original letter and use the revised one instead?

Did you accept their offer before they put in the revised one?

How long did you work for them for?

How man weeks or months pay does the $18K and the $12K amount to?

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Customer reply replied 1 month ago
18k is 10 weeks. 12k is 8 weeks. I worked for them for 2 years as a manager. Was bullied out the door by a VP
Customer reply replied 1 month ago
The original letter had not been signed

Without the offers if you went to court you would likely be awarded two moths pay at the most. The reason why is that 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.

So the second offer really does reflect the law.

But if you can argue that you accepted the first offer then there is a binding contract. A signature would have been good but even if you did not sign if the offer was not time limited then they cannot simply provide a lower one.

I suggest that you tell them you accepted the first offer and consider that you have a binding contract. Tell them if they don't agree you are happy to have a court decide.

If they don't agree then your best next step then would be to have a lawyer threaten a lawsuit.

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.

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Customer reply replied 1 month ago
Thank you for your help. Do you think the revised offer overrides the original one? I guess that’s my biggest fear.To clarify, I will accept the first offer and make a note that the first letter was a binding contract. If they do not agree I will gladly have a court decide.I do also have knowledge and proof of some human rights and privacy violations (I was the HR Manager) there so I’m hoping they will consider that.

I don't think they can say the second overrides the first unless the first was time limited and you didn't accept in time.

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Customer reply replied 1 month ago
Ok thank you. It was time limited, but I have until 4pm tomorrow

Then you can accept it and hope they decide it is not worth fighting over.

Otherwise see a lawyer and I would assume they will back down. It won't be worth it to them to be dragged into court.

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Customer reply replied 1 month ago
Ok, perfect. Thank you again for your help!

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,908
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 1 month ago
Hi Debra,
I wanted to follow up with you and let you know that I followed your advice and they gave me the amount that was on the original letter. I was able to close off the situation and not have to involve additional legal help.
Thanks again for your help!
Laura

Yay!

That is great news.

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