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Hi. My company which I've been working for about 20 years, has reduced staff and is going to close the Vancouver office but keep Toronto office only. All Vancouver staff is going to work remotely once it is closed. Furthermore, the company is going to move the datacenter to Toronto office. As such, would the staff be eligible for severance payment in this case?

If the company offers the staff to volunteer to be considered for the lay off and I volunteer to be considered for layoff, can I still not accept the severance package if I feel it is not adequate?
And if I don't accept it and fight for more severance, can I go on unemployment while I'm fighting for a better severance package?

Hello,

If you are made to work from home when previously you worked from the office, this would only result in constructive dismissal if the change is a fundamental one. We would need to know why you object to working from home to see if the change is a fundamental change.

If your employer offers you a voluntary separation package, it can be negotiated but you would need to let your employer know that you need to know what severance they are offering before you commit to leaving. You would then have the choice to accept the package, negotiate for something better, or stay in your role.

Navigating a voluntary separation can be complicated without a lawyer. We recommend you speak to one of us to help you obtain the severance you are owed.

Regards,

Lluc Cerda
Lawyer
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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