Warnings occur when a company is building up a case to fire you for cause, writes Howard Levitt.
Last Saturday, I looked at a handful of common questions about employment law. Here is the second instalment.
What is the difference between termination pay, severance pay and wrongful dismissal damages?
Termination and severance pay both refer to provisions in the Employment Standards Act. In Ontario, termination pay is up to eight weeks pay and severance pay applies to employees with more than five years of service in companies with 2.5 million or more in payroll. It is an additional one week per year of service, up to 26 additional weeks. You are entitled to these whether or not you find other employment.
Wrongful dismissal damages are for much more than even termination and severance pay combined. It is the amount awarded by the court depending on your re-employability, position, age, length of service and a host of other factors. It generally ranges from 2-27 months. However, from those damages will be deducted earnings during the period of notice with termination severance pay being the minimum.
Can I get EI if I am fired or quit?
Unless you are dismissed for just cause at law (i.e. serious willful misconduct), you are entitled to EI benefits. If you resign because of a constructive dismissal, you will receive EI. Otherwise, you will not. If you have to resign your position because of health conditions, mental or physical, you will also receive EI. You must ensure that...
A woman allegedly involved in a multi-million-dollar mortgage fraud scheme with her three sons had pleaded not guilty. Serene Peters was arrested at the border in August after spending nearly thre...