Blog - Severance
Looking to stay up to date on the latest news and information regarding employment law and how it impacts your workplace situation. Use our information centre to find informative blogs, media commentary, Globe and Mail articles and other helpful resources to ensure you understand your workplace rights.
Employers are required to provide terminated employees with reasonable notice of termination. This means that they must provide you with advance notice of your future termination date. However, most employers will provide you with a payment instead of notice. This is known as a severance payment or severance package.
Disney’s Layoff Shockwaves: Navigating Layoffs and Severance Packages
Disney has announced plans for large layoffs in the coming months. The entertainment company plans to lay off a total…
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Amazon Layoffs: Company to Reduce 9,000 Employees.
Amazon has announced its plan to cut 9,000 jobs in the next few weeks. This is in addition to the…
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Salesforce and Amazon Layoffs in Canada
More large technology companies have recently announced mass layoffs and terminations amid a slowdown in the sector. Salesforce has declared…
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Reviewing or Negotiating Severance Pay for C-Level Executives
Why C-Level Executives Should Always Have an Employment Lawyer Review Their Severance Package For C-level executives, severance pay usually consists…
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Amazon to Lay Off 10,000 Workers
Amazon is planning to lay off approximately 10,000 workers who hold corporate and/or technology jobs, which would represent the largest…
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Mass Layoffs at Twitter: Severance Package Rights for Employees
Shortly after Elon Musk took over Twitter, this multi-national social media company temporarily closed its offices and cut workers’ access…
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Severance Packages in Mass Layoffs
Record inflation levels have many economists forecasting a looming recession in Canada, which will inevitably lead to many companies undergoing…
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Why Should You Negotiate a Severance Package in a Mass Layoff?
With recent mass layoffs in Canada, many workers are frustrated in trying to learn how to protect their legal rights…
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Things You Should Know About Severance Pay Calculator
A person’s job represents something so fundamental to their day-to-day life and sense of purpose that if they are let…
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What Does The News of Looming Recession Mean for Employees?
There has been increasing talk of a looming recession recently. While we at Whitten & Lublin can’t predict the future,…
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Employee Rights During Downsizing
The changing economy has many employers looking for areas to cut costs and maximize efficiencies. Unfortunately, that often leads to…
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Is an Employee Entitled to Severance if the Employer Files for Bankruptcy?
Over the COVID-19 pandemic, many Canadian businesses were given government assistance and subsidies in an effort to support struggling businesses…
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Negotiating Your Severance Package
In most cases, it is safe to assume that a party’s first offer is not its best offer. Negotiating your…
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How Severance Package Lawyers Review Your Severance Pay?
A person’s job represents something so fundamental to their day-to-day life and sense of purpose that if they are let…
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What is Severance Pay and When is it Owed to the Employee by the Employer?
When an employer wishes to terminate employment, the employee is entitled to notice or pay in lieu, and severance pay…
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What is the Difference Between Termination Pay and Severance Pay?
As an employee, if you are terminated without cause, you are owed termination pay and maybe owed severance pay, pursuant…
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Kraft v Firepower Financial: Court Increased Notice Period Due to COVID-19 and Awarded Unpaid Commission
In a recent summary judgment motion (Kraft v Firepower Financial, 2021 ONSC 4962), Daniel Lublin successfully obtained 10 months’ compensation…
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Hawkes v. Max Aicher Court Decision Expands Availability of Severance Pay to More Employees
Employees who are fired have long been entitled to various protections under Ontario’s Employment Standards Act, 2000. One of those…
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Unfair Severance Offers Can be Risky Business for Employers
SPECIAL TO THE GLOBE AND MAIL My recent column on severance packages garnered more interest than others I’ve authored. One comment, from…
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The Pandemic’s Impact on Severance Packages
COVID-19 pandemic has resulted in mass layoffs and terminations all across the world. With every termination comes the topic of…
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Fired While Pregnant? You Might be Entitled to a Higher Severance
A recent Superior Court of Ontario decision, Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, has confirmed that if an…
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How Do You Know if Your Severance Package is Fair?
Daniel Lublin, Special to The Globe and Mail The biggest mistake that any recently dismissed employee can make is to…
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Can Poor Performance During COVID-19 be a Cause For Dismissal or Reduction in Salary?
As many companies have their financial year-end in December, the new year is a common time to discuss an employees’…
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Employee Severance Entitlements: Bell Media’s Closure of Local Sports News Stations
If you are an employee in a niche market, you need to be aware of your employee severance entitlements upon…
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Can You Get Fired for Attending a Protest?
Protests and rallies are nothing new; however, the beginning of 2021 saw some extreme protests – Capitol Hill in the…
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FIRED: Am I Entitled to a Longer Notice Period (Severance) During the COVID-19 Pandemic?
Severances are payment in lieu of a notice period of one’s employment ending. Severances or a notice period are required…
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CN Rail Layoff & Via Rail Layoff Affecting 1,450 Employees – Understanding Temporary Layoff
To better understand employee rights during a temporary layoff, CP24 talks with Daniel Lublin, an Employment Lawyer, and Partner at…
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Is There a Standard Formula for Common Law Notice
Employment law entitlements are bare minimum guarantees. If not subject to a termination clause that limits termination pay to statutory…
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Dismissing an Employee Without Prior Warnings: A Case of Dishonesty
Employers must use progressive discipline before summarily dismissing an employee for misconduct, thereby not owing to the employee any severance…
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Limiting Common Law Notice Entitlements Through Termination Clauses
The main effect of termination clauses is to limit a possible much greater notice payment at common law, which is…
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Authority of an Employment Standards Officer (Ontario)
If an employee feels that they have been wronged according to the Employment Standards Act (ESA), they may report this…
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Freight Forwarding Companies: Federal or Provincial Employment Regulation?
Companies offering strictly freight-forwarding services on a national basis serve to organize shipment countrywide by using modes of transportation that…
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Mistakes to Avoid When Providing a Severance
It is important to avoid mistakes when administering a severance, as it may lead to further damages or compensation if…
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When Can an Employer Demote an Employee?
Under common law, an employee can seek damages for constructive dismissal if an essential term of his/her employment is unilaterally…
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Severance Pay: Reasonable Notice and Minimum Statutory Notice
Minimum Entitlement Under Law The amount of severance pay an employee is owed when dismissed without misconduct varies between common…
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Termination Clauses and Constructive Dismissal Claims
When an employer unilaterally changes an essential term of the employment contract, the only remedy in employment law would be…
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Unjust Dismissal and Adjudication Under the Canada Labour Code
Just cause may be established by a progressive discipline (verbal warning, written warning and then termination, for example), or for…
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Intoxication at Work: Is this cause for dismissal?
Generally speaking, courts have been more sympathetic towards employees dismissed for intoxication; this is due to human rights tribunals viewing…
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Can Just Cause for Termination Be Relied Upon After Dismissal?
Just cause means that an employee has engaged in misconduct so severe that the employer can choose to immediately terminate…
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Posting About Your Employer to Social Media
Question: I recently received a letter from a lawyer representing my former employer. They’re saying I defamed the company for…
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Federal Employers Require Just Cause for Termination of Employment
Usually, an employer may choose to terminate an employee by providing ‘reasonable notice’ of termination or payment in lieu equivalent…
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Does a “Near Cause” Incident Reduce the Amount of Notice Pay Needed for Terminating an Employee?
The doctrine of ‘near cause’ has been settled for some time now. The near cause doctrine, in principle, allows an…
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Seeking Assistance: Employment Lawyer vs. Government Appointed Officer
When an employee is terminated, they are often owed a severance package unless the termination was a result of misconduct…
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What is a Wrongful or Forced Resignation
There is a major financial difference between getting fired by your employer and choosing to resign. Simply put, most employees…
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What Factors will Courts Consider in Determining Inducement?
Employers may have their recruiters aggressively pursue highly skilled employees, as this can greatly aid in the success of an…
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Frustration of Contract and Long Term Disability Benefits
Employers should be familiar with the concept of frustrated contracts in employment law. Frustration considers what the parties (employer and…
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Can attending a white supremacist rally be grounds for dismissal?
After several attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and then quickly…
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Terminated without notice: are discretionary bonuses part of the severance package?
Bonuses may make up a significant portion of pay for executives, senior managers, and other high skilled employees. Upon termination…
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Can an Employee be Dismissed for a Single incident of Insolence or Insubordination Towards Management
Being rude, disrespectful, or insubordinate towards a superior within the workplace is subject to disciplinary measures. Under common law, discipline…
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‘Entire Agreement’ Clauses: Usefulness and Precautions
Implementing an entire agreement clauses is a useful way to ensure that no verbally expressed promises are contested by an…
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Do I Owe A Contractor Reasonable Notice to End Services?
Independent contractors are not bound to their clients by an employment relation. Independent contractors are, in essence, their own employers.…
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Can You Get Employment Insurance (EI) If You Quit?
If an employee voluntarily leaves their employment without reason, this would result in disqualification from EI entitlements. There are certain…
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Employment Insurance Requirements under 3 scenarios: Quitting, Dismissed for Cause, Dismissed Without Cause
Eligibility Requirements for Employment Insurance Paying into the Employment Insurance program is usually automatic, with regular deductions taken from you…
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Unwritten Terms of Employment Contracts
Contracts- Implied Terms: It is not uncommon for terms of employment between workers and employers to be unwritten. Disputes between…
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At what point is the duty to accommodate no longer necessary for an employer under human rights law?
Under human rights law, an employer must accommodate an employee if a workplace policy or job requirement effectively discriminates against…
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An Impassioned Employee Storms Out of the Office: Is This Resignation From Job?
When an employee resigns there is usually clear actions that support their decision. This may include a written letter, a…
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Are your Employment Contracts Illegal?
Better cautious now than sorry later. If you’re wondering if your employment contracts are illegal, then its always a safer…
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Employee Medicinal Marijuana Use and Workplace Policy: What Are the Implications?
If an employer has a workplace policy that restricts or prohibits the use of medicinal marijuana this could in effect…
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Lateness and Absenteeism
In General, an employer has a reasonable expectation that employees will not be late for work on a regular basis…
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Tips for Legally Sound Termination Letter
It is all too easy to write a termination letter that does not comply with the law. Here are some…
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Can an Employer Terminate an Employee Charged But Not Yet Convicted of a Criminal Offence?
An employer may be concerned about damaging their reputation by continuing to employ an individual that has been charged with…
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Inducement of an Employee: Risks and Damages
Inducement: When pursuing an employee that works for another company, it is important to be mindful that this employee would…
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Important Additions in a Severance Package
The purpose of a severance package is to make a terminated employee “whole” over a reasonable period of time. Very…
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Employees’ Wrongful Actions and Employers’ Liability
Employers may be found liable for the wrongful actions of their employees under certain conditions. The wrong must be tortious…
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Holiday Party & Corporate Liability
A staff holiday party is a great way of celebrating the holiday season. It can also be an effective way…
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The Laws Regarding Employee Monitoring Software
Employee monitoring software serves one primary purpose: to make sure employees are doing what they are supposed to. It can…
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Pokémon GO vs. Work FLOW
In case you have been living under a rock for the past month the Pokémon GO game craze has hit…
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Your Rights When You Face Termination Without Cause
A terminated employee is typically entitled to fair severance, unless he or she did something so serious to warrant losing…
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What is Wrongful Dismissal and Are You a Victim?
A dismissal is wrongful if an employee has been terminated without adequate notice or fair payment in lieu of that…
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The consequences of avoiding to pay a dismissed employee with a severance package
Employers should be careful when fabricating an allegation of cause for termination in order to avoid paying a dismissed employee…
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Q&A: Forced retirement – is this allowed?
QUESTION Forced retirement, to some employers is one viable way of making space for a new hire. To other employers,…
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Q&A: Working through your severance entitlement?
QUESTION An employee’s entitlement to severance is to say the least, at the discretion of the employer. But this is…
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Q&A: Unjust Performance Review?
QUESTION This concerns an unjust annual performance appraisal that will affect my salary. My manager is expecting me to sign…
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Q&A: Independent Contractor Rights
QUESTION #1 2 days after I submitted a written request for my 1st Quarter 2015 performance based compensation I was…
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Employee Work Skeletons Can Harm Future Employment
Employees-beware of your work skeletons! Social media can be a good source for many things, even handy for employers to…
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Affected by mass layoffs?
Recent events have caused mass layoffs of various employees, including Target, Suncor and SNC-Lavalin. Employees affected are in the hundreds.…
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Age and severance packages
Age has been noted as an important factor in determining severance. When potential job candidates seek employment, chances are the…
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Reasonable notice of Termination
Reasonable notice of termination is a principle used where an employer has an obligation upon termination to either provide advanced,…
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Your legal questions answered
Toronto Employment lawyer, Daniel Lublin hosted a live chat on the Globe and Mail’s Career section, where he answered reader’s…
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Employees’ beware- Off-duty conduct can impact your work
An employee’s conduct at work and out of work can eventually lead to potential discipline or termination by their employer. …
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Ex-employee soliciting former employer clients: is it legal?
In his recent Globe and Mail column, Toronto Employment Lawyer Daniel Lublin, answers some of the most common questions that…
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Solutions for your employment issues
Daniel Lublin, Employment Lawyer has recently written a couple of articles in his Globe and Mail column, where he answered…
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Failure to investigate alleged misconduct can be costly
It is not uncommon for employers to fire first and ask questions later, especially in instances of alleged employee misconduct.…
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Receiving Your Severance Entitlements
The Most Common Questions After Termination How much more severance am I entitled to? How long will it take to…
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What Steps to Take if Fired?
What Steps to Take if Fired From a Major Company Daniel Lublin hosted a live chat on the Globe and…
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Your employment law questions answered
Do you have any questions regarding severance, termination packages, or any other legal questions regarding employment law? Today, at noon…
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Q&A: Can I use after-acquired information to justify terminating for cause?
The Supreme Court of British Columbia: Kenneth Campbell A recent decision from the Supreme Court of British Columbia (2013 BCSC…
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Q&A: Sears Canada closing stores – what happens to the employees?
QUESTION Another major retailer, Sears Canada has just announced the closing of their most important location downtown Toronto and 4…
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Employee Fired After Seeking Marijuana on Twitter While at Work
Employee Posting Inappropriate Requests on Twitter Sunith Baheerathan was fired from a Toronto area Mr. Lube after it came to…
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Q&A: Can the sender of text message be liable for causing a car crash?
Widespread Mobile Communication Mobile communication in the workplace is already widespread, and its use is increasing. Many employers give their…
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Q&A: Is it wise to compare a severance package to a colleague’s?
Comparing Severance Packages In the event of mass termination, most often employees will discuss their severance packages and compare them…
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Drunkenly Crashing Company Vehicle Just Cause for Dismissing Long-Term Employee
Just Cause For Dismissing Long-Term Employee A senior employee with a previously spotless employment record was dismissed for cause after…
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The City of Windsor: Terminating an Employee with a History of Unacceptable Conduct
The City of Windsor was Justified In another example of adjudicators becoming decreasingly tolerant of threats of violence in the…
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Follow the Rules for Termination
How to Follow the Rules for Termination There are a few key rules employers should follow when terminating their employees. …
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Termination Tips to Keep in Mind
Terminating an employee is far from easy; in fact, it’s often one of the hardest decisions for an employer to…
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Will you be getting severance or not?
When are employees entitled to severance and when are they not? This is one of the most common questions employees…
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I’ve been bullied, and now I’ve been fired. What do I do?
I have been ignoring the bullying that has happened to me for four-and-a-half years. It came to a halt when…
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Is your boss just tough, or a bully?
Today, much of the Canadian work force believes they are being “bullied” or “harassed.” But despite statutory definitions and workplace…
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Is it legal to lay off a worker on maternity leave?
I have been on maternity leave for about a year. Two weeks before my scheduled return to work, I was…
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Can my ex-employer refuse to pay severance?
I was laid off this summer. After discussing with several lawyers the severance package offered, I was told I deserved…
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