Article content
Most employers, HR professionals and even lawyers presume that short-service employees are entitled to very little compensation upon dismissal. Many adhere to the theory of two weeks, or even one month, per year of service. But there is no legal basis whatsoever for such a presumption or formula. Sometimes short-service employees, or even employees who had accepted positions and then had their offers revoked before even starting, receive very substantial wrongful dismissal awards. Many also mistakenly believe that, if you are young, the courts will also not be very generous in compensating you when you are terminated.
Article content
Most would assume that a three-month severance award for a 32-year-old employee with only three-years of service would be reasonable, perhaps even generous. However, the Ontario courts in the recent case of Humphrey vs. Mene Inc. recently granted 12 months to such a short-notice employee.
Just over six months after being promoted into the role of Chief Operating Officer, Jacqueline Humphrey asked for a salary review, providing reasons for her request. The company responded, questioning her passion for her job. Alarmed, she responded that she remained “100 per cent committed.” Unfortunately, her response fell on deaf ears and she was terminated “for cause” one month later.
As mentioned in previous columns, how many months’ severance one obtains is usually determined by factors such as the employee’s age, length of service,...
Read Full Story:
https://financialpost.com/fp-work/howard-levitt-short-service-employees-can-r...