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Why is unionized and non union treated differently. I love your show. We are going to go through layoffs and they are going to offer severance package. We follow the standards act on our language so 1 week per year. But if I type in the severance pay calculator it is 18 months. Why the differemce if you refer to it being legal why is the standard act not correct. Why is your amount enforceable what is your amount based upon.

Hello, and thank you for your question.

The amounts that you see in the severance pay calculator are your FULL severance entitlements. However, companies may include language in employment contracts to try and limit an employee's entitlements to the MINIMUM severance amounts. These are the amounts noted in the Employment Standards Act. More often than not, we can get around this restrictive language to argue that an individual is entitled to their FULL severance.

However, because you are unionized, your severance entitlements will be determined based on the language contained in the Collective Agreement. Any issues about whether you are being treated fairly will also have to be dealt with internally by the Union lawyer. If you have concerns, I would speak to your Union Steward as soon as possible.
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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