Layoffs in the Oil Patch 3

[Samonadreau]

Originally Posted by MacDaddy77

is there any exemption to the notice period on Employment standards?

Notice period Length of employment
1 week More than 90 days but less than 2 years
2 week 2 years but less than 4 years
4 week 4 years but less than 6 years
5 week 6 years but less than 8 years
6 week 8 years but less than 10 years
8 week 10 years or more

appreciate any feedback from people who have gone through similar. I have 7.5 years so not sure why/how they can terminate effectively immediately and not provide 5 weeks notice.

They also have to pay you out on any vacation you are owed.

The flip side of that is if you took more vacation than you have accrued in the 5/12 of the year you have worked , you owe them.

[Weitz]

Originally Posted by MacDaddy77

is there any exemption to the notice period on Employment standards?

Notice period Length of employment
1 week More than 90 days but less than 2 years
2 week 2 years but less than 4 years
4 week 4 years but less than 6 years
5 week 6 years but less than 8 years
6 week 8 years but less than 10 years
8 week 10 years or more

appreciate any feedback from people who have gone through similar. I have 7.5 years so not sure why/how they can terminate effectively immediately and not provide 5 weeks notice.

Yes you are owed more. Don’t sign anything. Lawyer up. I don’t have a recommendation unfortunately.

[iggy_oi]

Originally Posted by MacDaddy77

is there any exemption to the notice period on Employment standards?

Notice period Length of employment
1 week More than 90 days but less than 2 years
2 week 2 years but less than 4 years
4 week 4 years but less than 6 years
5 week 6 years but less than 8 years
6 week 8 years but less than 10 years
8 week 10 years or more

appreciate any feedback from people who have gone through similar. I have 7.5 years so not sure why/how they can terminate effectively immediately and not provide 5 weeks notice.

They are providing pay in lieu of notice, which the law allows for. There are no exemptions to the notice periods that I’m aware of, they just have to pay you if they don’t give you enough notice. But you’ll want to check with a lawyer to see how much more you may be entitled to. On first glance it seems like you should be entitled to more but temper your expectations as legal fees may eat up a big chunk depending on what your salary was.

Sorry you’re having to deal with this, hopefully it gets resolved quickly and you find another job soon.

[MacDaddy77]

Sorry, jumped the gun. Yes they paid out 5 weeks of notice in the offer based on employment standards but I think the actual lump sum offer is quite low. I have asked for a breakdown of what went into the offer.

bonus payout vs payout for years of service.

[Ironhorse]

Sorry to hear this. Does your (ex) company rhyme with anything?

[MacDaddy77]

really need a lawyer recommendation, one quote was for $360/hr just to review.

[Locke]

Originally Posted by MacDaddy77

really need a lawyer recommendation, one quote was for $360/hr just to review.

I wish I could help you, but my employment lawyer has moved a few times. I'll see if I can find him. It has been a decade though.

I'd contact troutman. This isnt his field, but he knows people.

[Mr.Coffee]

Originally Posted by MacDaddy77

really need a lawyer recommendation, one quote was for $360/hr just to review.

Yikes, lawyers and legal fees should be regulated IMO. Costs are an impediment to actual justice being provided within the system. Like insurance, some things need to be capped, obviously.

[Locke]

Originally Posted by Mr.Coffee

Yikes, lawyers and legal fees should be regulated IMO. Costs are an impediment to actual justice being provided within the system. Like insurance, some things need to be capped, obviously.

Well...thats, just, like, your opinion man.

In my experience with Employment Law...thats actually a bit of a discount.

[Shazam]

$360/hr is a steal. I'm not even kidding. Our employment lawyer costs $700/hr.

Most will tell you for free straight out though if you have a winnable case.

I will warn you though: The courts are mega backed up and unless your case has to do with something like a workplace injury, it will be at least a year before it's looked at if it's something like you felt you didn't get enough severance or something.

[Mr.Coffee]

The above only further reinforces my point, and yes capacity also needs expansion.

[I_H8_Crawford]

Originally Posted by Locke

I wish I could help you, but my employment lawyer has moved a few times. I'll see if I can find him. It has been a decade though.

I'd contact troutman. This isnt his field, but he knows people.

I believe VladtheImpaler here can assist with employment law

[Locke]

Originally Posted by I_H8_Crawford

I believe VladtheImpaler here can assist with employment law

I believe he's Personal Injury, but I could be mistaken. He doesnt return my calls ever since he went on a diet.

[GGG]

If you are going the lawyer route find the cost of getting to where they write a letter outlining your demands for severance. Also see if you can find out if others who were previously laid off went that route and did the offer from the company improve as a result.

In an ideal world your company will bump you to 3-4 weeks per year after the letter but some take an it’s cheaper for a few to sue us approach then to pay everyone who spends 1k on a letter.

[Shazam]

Originally Posted by Mr.Coffee

The above only further reinforces my point, and yes capacity also needs expansion.

More lawyers? Ugh.

If a lawyer believes they can win they will bake their costs on top of the claim.

[Shazam]

Alright so contact Carscallen, they can help you out. They can tell you pretty well in five minutes if your offer was fair.

Lawyers in Calgary are an insular bunch.

[boogerz]

Originally Posted by Shazam

Lawyers in Calgary are an insular bunch.

That could also be said of the old boys network in any industry or profession (especially O&G)

[Shazam]

Originally Posted by boogerz

That could also be said of the old boys network in any industry or profession (especially O&G)

Does that make it okay?

[Hack&Lube]

Originally Posted by Mr.Coffee

5 weeks?!

Lawyer up time. More like 5 months. Gross, especially in this environment and the types of profits these companies are making.

What I've heard even from my own layoff in the mid 2010s is that the unofficial standard in corporate O&G in Alberta was roughly one month severance per year of service. 4 years, I got 4 months. This is not enforced in AB Labour Standards but this was usually an unwritten kind of practice.

[Sakic19]

Originally Posted by MacDaddy77

is there any exemption to the notice period on Employment standards?

Notice period Length of employment
1 week More than 90 days but less than 2 years
2 week 2 years but less than 4 years
4 week 4 years but less than 6 years
5 week 6 years but less than 8 years
6 week 8 years but less than 10 years
8 week 10 years or more

appreciate any feedback from people who have gone through similar. I have 7.5 years so not sure why/how they can terminate effectively immediately and not provide 5 weeks notice.

There are some employee side employment firms who will take files on a contingency basis. Try Samfiru Tumarkin LLP or Taylor Janis. Alternatively you can ask the lawyer referral service for a referral and/or a free 30 min call to discuss your package. https://www.lawsociety.ab.ca/public/...erral-request/