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| Q. |
If I have been fired, can I recover
severance pay? |
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| A. |
If your employer does not have
just cause to fire you, you will be entitled to severance
pay based on the nature of your job and the length of
time you have been there. The employer has to prove just
cause and the courts will look very carefully at the reasons
for the dismissal; unless you have been guilty of serious
misconduct as defined by law, the employer will have to
pay you severance pay even if the employer had good business
reasons for dismissing you. |
| Q. |
Does it make any difference if
I belong to a union? |
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| A. |
In almost all cases, a person whose
employment is governed by a collective agreement cannot
sue and that person's rights are governed exclusively
by the collective agreement. |
| Q. |
If I am dismissed, should I claim
EI? |
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| A. |
Yes you should, although you must
be aware that if you recover damages for a wrongful dismissal,
you may reimburse EI for a portion of the damages up to
the entire amount of EI benefits paid to you. |
Meet
our team working in this area.
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