I am wondering if i could get some legal advice regarding a form i received upon the termination of my employment

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Customer: Hi there, i am wondering if i could get some legal advice regarding a form i received upon the termination of my employment position. We are located in Winnipeg, Manitoba, if that helps
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I had a meeting with my employers last Wednesday when i was notified that due to the impact of COVID-19 to the business and the decrease of the workload, my position was terminated.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: I received a letter giving me the 4 week notice that was required by law, but also received a "Release and Indemnity" form that if i was willing to sign, would extend my notice period to an additional 4 weeks. I just don't know if i should be signing it or not.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am an "at will" employee with a contract. I am not part of a union.
Answered by Ulysses101 in 55 mins 2 years ago
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Ulysses101, Expert

Hello, thank you for the question.

I assume that the extra four weeks also included a release that the employee won't sue the employer for any damages in relation to the termination?

Customer
That is correct, and that I basically cannot make any other claims from them or anyone associated with them. I can send you a copy if you'd like to loon through it.
Customer
I just dont know what the best thing to do for my benefit
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Ulysses101, Expert

Well, you have to consider your best case scenario if this were to go to court.

How long have you worked there, in what capacity? Are you considered management?

Customer
i worked there for 4 years and 5-6 months. Not quite 5 years, and they will be paying me full salary for the following 4 weeks, as that is the statutory notice period for someone who's worked there under 5 years.They will also be paying me for my accumulated holiday time. I am not management, just staff, and i don't know what other type of claims i'd have, for them to put that in a form. Other than the fact that there was a cabon monoxide incident 3.5 years ago, that there was a leak in the office, when i was 8 months pregnant, and i had to be hospitalized for 2 days. I never made a claim about that though, and i don't know if i still could or would. Should i copy part of that release form for you to get more information?
Customer
34;IN CONSIDERATION of the sum of $4,183.83 (prior to deductions) paid to me by Lombard
North Group (1984) Ltd. (the “Employer”), I, Nefeli Mitrovgenis, (the “Releasor”, which term
includes heirs, executors, administrators, successors and assigns) hereby release and forever
discharge the Employer and its officers, directors, agents, employees, successors and assigns , all
related and affiliated corporations and their officers, directors, agents, employees, successors and
assigns (collectively the “Releasee”), of and from all manner of actions, causes of action, claims
or demands existing up to the present time which the Releasor had against the Releasee, now has
or hereafter may have including without limiting the generality of the foregoing any claims
existing up to the present time and arising out of the Releasor’s employment of the cessation of
that employment with the Releasee.
The Releasor hereby specifically covenants, represents and warrants to the Releasee that she has
no further claim against the Releasee for or arising out of her employment with the Releasee or
the termination of such employment including without limiting the generality of the foregoing,
any claims for pay, notice of termination, pay in lieu of such notice, severance pay, expenses,
overtime pay, interest, benefits and/or vacation pay and specifically including any claim under
The Employment Standards Code (Manitoba), The Human Rights Code (Manitoba), or any other
similar legislation governing or related to the employment of the Releasor. The Releasor also
acknowledges that she has been paid all amounts owing to her under the foregoing statutes. In
the event that the Releasor should hereafter make any claim or demand or commence or threaten
to commence any action, claim or proceeding or make any complaint against the Releasee or
anyone connected with the Releasee for or by reason of any cause, matter or thing existing up to
the present time, this document may be raised as an estoppel and complete bar to any such claim,
demand, action, proceeding or complaint.
AND FOR THE CONSIDERATION as contained within the said agreement, the Releasor agrees
not to make any claim or take any proceeding in connection with any of the claims released by
virtue of the preceding paragraphs against any other person or corporation who might claim
contribution or indemnity from the Releasee by virtue of the said claim or proceeding.
AND IT IS FURTHER AGREED that for the aforesaid consideration, the Releasor will pay the
appropriate authorities any taxes or any employment insurance repayments or any interest, fines,
penalties or other charges of any kind whatsoever that may be claimed or levied against the
Releasor or the Releasee as a result of the payment of the amount referred to herein and the
Releasor hereby agrees to indemnify and save harmless the Releasee from any and all claims or
demands under the Income Tax Act (Canada), the Employment Insurance Act (Canada), and/or
The Income Tax Act (Manitoba) for or in respect of any failure on the part of the Releasee to
withhold income tax or remit Employment Insurance repayments or for any charges of any kind
whatsoever that may be claimed or levied as a result of the payment referred to in the attached
agreement or from all or any part of the said consideration and any interest or penalties relating
thereto and any costs or expenses incurred in defending such claims and demands.
THE RELEASOR agrees that she has read this Release and Indemnity and has had the
opportunity to obtain independent legal advice with respect thereto and understands that itcontains a full and final release of all claims that she has, or may have, against the Releasee
relating to her employment or the termination of such employment and that it contains a full
indemnity and that there is no admission of liability on the part of the Releasee and that any such
liability is denied."
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Ulysses101, Expert

That's the statutory minimum, which is usually exceeded by the courts depending on the circumstances. Which is why they have offered you more.

So if you accept the additional four weeks, that's eight weeks for 4.5 years of service. That's probably in the ballpark of what you'd get from a judge. I'd still ask for more, ask for another 4 more weeks for a total of twelve. They'll counter with offering you another two, and then you say that you'll agree to it if you can stay on the payroll for that period and continue to receive your benefits too. Unless you have another job lined up you can go to, in which case you want pay in lieu of notice paid to you upfront and right away so that you can pocket that money and start the next job right away.

At any point, you can say you'll walk away and go see your lawyer. What they've offered is the least that you'd get from a court, so you have nothing to lose by asking for more.

Does that make sense? I'm here if you have further question or comment.

If I've answered you may I please have a service rating? Five stars is best, ***** ***** top of your webpage or back to your app. Ratings are how I get credit from the site for helping its customers. I'd appreciate it.

That's a pretty standard release.

Customer
Sure, i would love to help out with a rating. how can i do that?
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Ulysses101, Expert

Thank you for the rating, that's great.

I'm here if you want to follow up on this topic.

Good luck, and stay safe.

Ulysses

Customer
Thank you very much!
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