Canada Serving Canada.

Need Help: Labour Lawyer for advice

Thread Tools
 
Search this Thread
 
Rate Thread
 
Old Oct 11, 2007 | 12:34 PM
  #1  
link91's Avatar
Thread Starter
|
Registered User
Joined: Jul 2004
Posts: 172
Likes: 0
From: Toronto, Ontario
Need Help: Labour Lawyer for advice

Hello. I need some help finding some counsel.

Anyone have a recommendation for a good legal advice on labour laws in Ontario. Someone based out of Toronto would be ideal.

Wife got removed from her fairly high management job today. No reason given except "company not doing well".

Severance package offered doesn't look right for her level of performance and accolades as well as time spent with company.

Any advice would help.

Thank you very much.
 
Reply
Old Oct 11, 2007 | 02:29 PM
  #2  
giddyup69's Avatar
Registered User
Joined: Nov 2004
Posts: 2,966
Likes: 1
From: Trolling a forum near u.... (T.O.)
sorry to hear what happened.

i ran a quick search and came up with this website:
http://www.canadaemploymentlaw.com/

i'm sure there are tons of lawyers in the yellowpages.

hope everything works out.
 
Reply
Old Oct 11, 2007 | 04:27 PM
  #3  
RBull's Avatar
Rated M
iTrader: (7)
Joined: Nov 2004
Posts: 19,619
Likes: 6
From: Nova Scotia, Canada
Premier Member

I sent you a PM link91.
 
Reply
Old Oct 11, 2007 | 05:30 PM
  #4  
link91's Avatar
Thread Starter
|
Registered User
Joined: Jul 2004
Posts: 172
Likes: 0
From: Toronto, Ontario
Thanks RBull

I'm sure everything will be alright. I just don't want to stop thinking about cars and toys! hahahaha Although I might have to if things don't improve after a few months. We'll see. She's a smart cookie.
 
Reply
Old Oct 11, 2007 | 05:47 PM
  #5  
RBull's Avatar
Rated M
iTrader: (7)
Joined: Nov 2004
Posts: 19,619
Likes: 6
From: Nova Scotia, Canada
Premier Member

^ good stuff. Cheers.
 
Reply
Old Oct 11, 2007 | 06:11 PM
  #6  
godmans's Avatar
Registered User
iTrader: (22)
Joined: May 2004
Posts: 2,239
Likes: 4
Don't really have any connections on labour relations related lawyers..

Just want to say, all the best bro!
 
Reply
Old Oct 11, 2007 | 06:38 PM
  #7  
akrus's Avatar
Registered User
Joined: Aug 2005
Posts: 587
Likes: 1
I could point you to a labour lawyer in Kitchener, but unfortunately, not in the GTA.

On another note, having gone through a severance about 4.5 years ago, I can tell you what the "basic guidelines" were then.

First, the courts will look at your wife's age and measure that against her chances of finding similar work in her field.

Then, they'll look at years of service. Less than 5 years = ughhh, lucky to get 2 weeks per year in total compensation (payout + any salary continuation - weeks notice given) Yes, the company can request that one work the entire notice period - ie, if with company 4 years, company can give 8 weeks notice and request employee to complete the work term.

Next, they'll look at whether the company is offering any sort of assistance in finding work, or re-education to enter another field that would provide a similar opportunity to live at the level one became accustomed to.

I know of *someone* (remember not to name names as "no talk" clauses are usually built into these agreements) that was 35 and with a company for 17 years, in a technical field (ahem, could have been IT...). Total package is *rumoured* to have been 4 weeks for every year of service.

In the end, seeing a lawyer is going to be costly. My *friend* spoke with his lawyer for less than an hour and the bill was in the range of $500. Use the above as a guideline and weigh your wife's particular situation against it. Unless she feels she's being wrongly dismissed (which is tough to prove, without huge amounts of documented evidence), she's better to not go through the ordeal of dealing with a lawyer.

Keep in mind that any fees your wife puts out for legal advice, is completely tax deductible, so that's the upside (at least it was when my *friend* went through it)

One final note, just be there for her and reassure her that she'll get through this - there's plenty of companies out there that are looking for talent - if she's willing to work, she's going to see this as possibly one of the best things to happen to her. Stay positive.

/ Anthony Robbins tape 1...

All the best!
 
Reply

Trending Topics

Old Oct 11, 2007 | 07:18 PM
  #8  
link91's Avatar
Thread Starter
|
Registered User
Joined: Jul 2004
Posts: 172
Likes: 0
From: Toronto, Ontario
Arkus:

Thanks for your advice. We've been going through her options all afternoon. The research and feedback we've got has been similar. We're a very young couple, late 20's/early 30's and the company seems to have done everything at the bare minimum not to get trouble.

I'll keep you guys informed, but thanks for the info and support. Life could be worse!

Alex
 
Reply
Old Oct 11, 2007 | 07:19 PM
  #9  
link91's Avatar
Thread Starter
|
Registered User
Joined: Jul 2004
Posts: 172
Likes: 0
From: Toronto, Ontario
Originally Posted by godmans
Don't really have any connections on labour relations related lawyers..

Just want to say, all the best bro!

Thanks!
 
Reply
Old Oct 12, 2007 | 09:25 AM
  #10  
RBull's Avatar
Rated M
iTrader: (7)
Joined: Nov 2004
Posts: 19,619
Likes: 6
From: Nova Scotia, Canada
Premier Member

Originally Posted by akrus
I could point you to a labour lawyer in Kitchener, but unfortunately, not in the GTA.

On another note, having gone through a severance about 4.5 years ago, I can tell you what the "basic guidelines" were then.

First, the courts will look at your wife's age and measure that against her chances of finding similar work in her field.

Then, they'll look at years of service. Less than 5 years = ughhh, lucky to get 2 weeks per year in total compensation (payout + any salary continuation - weeks notice given) Yes, the company can request that one work the entire notice period - ie, if with company 4 years, company can give 8 weeks notice and request employee to complete the work term.

Next, they'll look at whether the company is offering any sort of assistance in finding work, or re-education to enter another field that would provide a similar opportunity to live at the level one became accustomed to.

I know of *someone* (remember not to name names as "no talk" clauses are usually built into these agreements) that was 35 and with a company for 17 years, in a technical field (ahem, could have been IT...). Total package is *rumoured* to have been 4 weeks for every year of service.

In the end, seeing a lawyer is going to be costly. My *friend* spoke with his lawyer for less than an hour and the bill was in the range of $500. Use the above as a guideline and weigh your wife's particular situation against it. Unless she feels she's being wrongly dismissed (which is tough to prove, without huge amounts of documented evidence), she's better to not go through the ordeal of dealing with a lawyer.

Keep in mind that any fees your wife puts out for legal advice, is completely tax deductible, so that's the upside (at least it was when my *friend* went through it)

One final note, just be there for her and reassure her that she'll get through this - there's plenty of companies out there that are looking for talent - if she's willing to work, she's going to see this as possibly one of the best things to happen to her. Stay positive.

/ Anthony Robbins tape 1...

All the best!

Good summary and advice. I've had some experience in this myself from both sides.

*someone* did well. It can be tough to get 4 weeks per year past 10 years. 5-10 years of service you can usually do that.
 

Last edited by RBull; Oct 12, 2007 at 09:32 AM.
Reply
Old Oct 12, 2007 | 11:19 AM
  #11  
akrus's Avatar
Registered User
Joined: Aug 2005
Posts: 587
Likes: 1
Originally Posted by RBull
Good summary and advice. I've had some experience in this myself from both sides.

*someone* did well. It can be tough to get 4 weeks per year past 10 years. 5-10 years of service you can usually do that.
 
Reply
Old Oct 24, 2007 | 04:22 PM
  #12  
Oggie's Avatar
Registered User
iTrader: (2)
Joined: Sep 2005
Posts: 238
Likes: 0
Please give Leslie a call. He is located at Dundas/University. Very nice person to deal with and has experience with large corporations. See his contact info below:

Leslie Dizgun
HIMELFARB PROSZANSKI LLP
Barristers & Solicitors
480 University Avenue, Suite 1401
Toronto Ontario M5G 1V2
T: (416) 599-8080 Ext. 251 F: (416) 599-3131
 
Reply
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
Fox843
Brakes & Suspension
5
Nov 7, 2015 05:43 PM
Rose M
Brakes & Suspension
5
Oct 12, 2015 10:00 AM
6spdGspot
Wheels & Tires
6
Oct 5, 2015 01:55 PM
dcsbh1
Brakes & Suspension
0
Oct 1, 2015 03:15 PM
Learned Hand
G35 Sedan V35 2003-06
1
Oct 1, 2015 09:02 AM



You have already rated this thread Rating: Thread Rating: 0 votes,  average.


All times are GMT -4. The time now is 04:16 PM.