I am working for a small business (5 employees), and I was recently on stress leave for 2 weeks. This was amidst the

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Customer: Hi there, I am working for a small business (5 employees), and I was recently on stress leave for 2 weeks. This was amidst the Covid-19 issue, and I have now been temporarily been layed off. My employer has communicated that I will be losing my position based on 'corporate restructure' Am I entitled to anything?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No I haven't been at work since my leave as a result of Covid 19, and my company doesn't have a HR department
JA: Are you an "at will" employee? Do you belong to a union?
Customer: No I don't belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have been an employee for 21 months, and recently put in a claim to WSIB for a hostile work environment.
Answered by Debra in 8 hours 2 years ago
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Debra
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Debra
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Debra
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166398 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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Debra, Expert

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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Debra, Expert

I am sorry to hear this.

Can you please let me know your province.
Customer
Ontario
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Debra, Expert

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.

If this is not what you are being offered or if you think you are being dismissed because of your WSIB claim them your best next step is to consult with an employment lawyer over the phone.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

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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Debra, Expert

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

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