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Old 10-23-2013, 11:39 PM   #22
onetwo_threefour
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Do not take Internet legal advice, except mine! ;-)

Employment standards code is a minimum. Do not make a claim through employment standards though or that's what you'll get. If you can't negotiate more on your own, hire a lawyer.

Main factors for common law determination of severance are:

Years of service
Level of responsibility
Age of employee
Difficulty of replacing the job for the employee


Those are the big ones but there can be literally dozens of factors to the determination. There is no set rule, a court will almost certainly award significantly more than the code.

Source: I've done a couple of these over the years although it is not my normal area of practice.
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