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| Tuesday, April 24th, 2007 | 2 Comments »

This is an excerpt from my "Ask Daniel" question and answer column through Executive Assistance Inc.

Question:
"My employment was terminated due to job restructuring. My question is what is the difference between severance package and continuance of salary. The termination letter outlined the severance arrangements As " …. you will be paid all amounts due and owing through July 15 2007 as well as any outstanding vacation pay which may be owed to you in respect of service up to today…benefits are still extended until July 15th….". What happened if on on before July 15, I am able to find another job. Will appreciate if you can help me with some advice. This is the first time in my career that I am being let go. Thank you very much."

Daniel’s Answer:
"The difference between a severance package and continuance of salary is merely semantics. Legally, you are entitled to notice of termination or pay in lieu thereof, which can take on various forms such as continuance, a lump sum payment or even working notice. It appears that your package will not be offset by any earnings through re-employment. However, employers sometimes do terminate severance payments when you obtain a similar job. I encourage you to meet with an employment lawyer to review whether or not the package you received was sufficient."

2 Comments

  1. david says:

    Can an employer change your job status by demoting me and my salary, without giving me any notice? I am unionized, but am not getting a response on my rights. Do i have any?

  2. danlublin says:

    David,

    Thank you for your comment.

    Up front, we must point out that we cannot provide legal advice over the internet or in this manner. We require any client to come in and meet for a formal consultation where our lawyers can discuss with you your legal rights, the law, remedies, and a strategy that ‘fits’ with your situation.

    We do not provide a free consultation. Please contact us at the following information in order to discuss a meeting:

    dan@toronto-employmentlawyer.com
    Whitten & Lublin LLP | Employment Lawyers
    Tel: 416-640-1583
    Fax: 416-644-5198

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