{"id":1920,"date":"2016-06-01T17:24:20","date_gmt":"2016-06-01T21:24:20","guid":{"rendered":"http:\/\/www.jefflilaw.com\/?p=1920"},"modified":"2016-06-01T17:27:48","modified_gmt":"2016-06-01T21:27:48","slug":"when-are-you-entitled-to-severance-pay","status":"publish","type":"post","link":"https:\/\/jefflilaw.com\/zh\/when-are-you-entitled-to-severance-pay\/","title":{"rendered":"\u60a8\u4f55\u65f6\u6709\u6743\u9886\u53d6\u9063\u6563\u8d39\uff1f"},"content":{"rendered":"<p><strong>By: Ashley Iyathurai, Law Office of Jeff J. Li<\/strong><\/p>\n<p><strong>\u514d\u8d23\u58f0\u660e\uff1a\u672c\u6587\u7ae0\u4e2d\u7684\u4fe1\u606f\u5e76\u975e\u672c\u5f8b\u5e08\u697c\u7684\u6cd5\u5f8b\u610f\u89c1\u3002\u5982\u6709\u5bb6\u5ead\u6cd5\u65b9\u9762\u7684\u7591\u95ee\uff0c\u6b22\u8fce\u60a8\u76f4\u63a5\u54a8\u8be2\u674e\u6770\u8f89\u5f8b\u5e08\u53ca\u672c\u5f8b\u5e08\u697c\u5176\u4ed6\u5bb6\u5ead\u6cd5\u5f8b\u5e08\u3002<\/strong>:\u672c\u6587\u6240\u542b\u4fe1\u606f\u4e3a\u4e00\u822c\u6027\u4fe1\u606f\uff0c\u4e0d\u6784\u6210\u6cd5\u5f8b\u5efa\u8bae\u3002\u5982\u679c\u60a8\u5bf9\u96c7\u4f63\u95ee\u9898\u6709\u4efb\u4f55\u7591\u95ee\uff0c\u8bf7\u8054\u7cfb Jeff Li \u6216\u5176\u4ed6\u5f8b\u5e08\u3002.<\/p>\n<p>&nbsp;<\/p>\n<p>Being fired from a job can be an understandably stressful and frustrating experience. While you are exploring your options, one immediate concern most people face is: How do I support myself? Depending on how you lost your job, you may be entitled to Employment Insurance benefits. You should review the criteria and the procedure for how to apply for Employment Insurance in order to ensure your claim is processed promptly.<\/p>\n<p><strong><em>Employment Standards Act<\/em><\/strong><\/p>\n<p>Depending on the circumstances, you may also be entitled to severance pay as well. First, you will need to determine whether or not your employment has been severed within the meaning of the <em>Employment Standards Act. <\/em>Your employment has been severed where:<\/p>\n<ul>\n<li>Your employer has dismissed you, or refuses, or is unable, to continue employing you;<\/li>\n<li>Your employer has constructively dismissed you and you have consequently resigned within a reasonable period;<\/li>\n<li>Your employer has laid you off for 35 weeks or more within a period of 52 consecutive weeks;<\/li>\n<li>Your employer has laid you off because all of their business at an establishment has been permanently discontinued; or<\/li>\n<li>Your employer has given you a notice of termination, you have given your employer written notice at least two weeks prior to resigning, and your resignation will take effect during the <em>Employment Standards Act\u2019<\/em>s notice period.<\/li>\n<\/ul>\n<p>Once you have established your employment has, in fact, been severed, the next step is to determine if you are entitled to severance pay. In order to qualify, you need to meet the following criteria:<\/p>\n<ul>\n<li>You\u2019ve been employed by the employer for 5 or more years and\n<ul>\n<li>(1) the severance occurred because the employer\u2019s business at an establishment has been permanently discontinued and you are 1 among 50 or more other employees who have also had their employment relationship severed within a 6 month period, or<\/li>\n<li>(2) your employer has a payroll of $2.5 million or more.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p>Next, you will need to calculate your severance pay. The <em>Employment Standards Act <\/em>prescribes the minimum length of notice that you are entitled to. However, employees and employers are free to agree to a longer notice period than what is required under the <em>Act. <\/em><\/p>\n<p>\u6839\u636e <em>Employment Standards Act, <\/em>this amount of your severance pay is determined by using the following formula:<\/p>\n<p style=\"text-align: left; padding-left: 90px;\">Severance Pay = Weekly Wage \u00d7\u00a0(A+B)<\/p>\n<p style=\"text-align: left; padding-left: 90px;\">wherein\u00a0A = number of years you\u2019ve been employed; and<\/p>\n<p style=\"text-align: left; padding-left: 90px;\">\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 B = \u00a0number of months not included in (A) that you\u2019ve completed divided by 12<\/p>\n<p>However, you should also note that there are exceptions in the <em>Employment Standards Act, <\/em>exempting certain employees from severance pay. It is important to review these exemptions carefully in order to ensure you are still covered under the <em>Act. <\/em><\/p>\n<p><strong>Common Law<\/strong><\/p>\n<p>At common law, the notice period is calculated differently. Often times, the notice period under the common law is longer than that provided under the <em>Act. <\/em>At common law, an employee\u2019s notice period is guided by how long it would take the employee to find alternate employment.<\/p>\n<p>\u5728 <em>Bardal v. Globe &amp; Mail, <\/em>the Court identified some of the key factors it will look at when determining a reasonable notice period. These factors include: the character of employment, length of employment, the employee\u2019s level of training, the employee\u2019s education, the employee\u2019s age, and the availability of other similar employment.<\/p>\n<p>However, this determination is not a matter of simple mathematics. In <em>Minott v. O\u2019Shanter Development Company Ltd., <\/em>the Court confirmed that the oft-cited approach of using one month for each year of employment, is not, in fact, to be used as a rule of thumb in determining the reasonable notice period. Instead, each employee\u2019s entitlement will differ based on the context and particular facts. You should consult a lawyer in determining your rights upon termination of your job.<\/p>\n<p>&nbsp;<\/p>","protected":false},"excerpt":{"rendered":"<p>\u4f5c\u8005\uff1aAshley Iyathurai, Jeff J. Li \u5f8b\u5e08\u4e8b\u52a1\u6240Ashley Iyathurai, Law Office of Jeff J. Li \u514d\u8d23\u58f0\u660e\uff1a\u672c\u6587\u6240\u542b\u4fe1\u606f\u4e3a\u4e00\u822c\u6027\u4fe1\u606f\uff0c\u4e0d\u6784\u6210\u6cd5\u5f8b\u5efa\u8bae\u3002\u5982\u679c\u60a8\u5bf9\u81ea\u5df1\u7684\u6848\u4ef6\u6709\u4efb\u4f55\u7591\u95ee\uff0c\u8bf7\u8054\u7cfb Jeff Li \u6216\u5176\u4ed6\u5f8b\u5e08\u3002<\/p>\n<p class=\"more-link-p\"><a class=\"more-link\" href=\"https:\/\/jefflilaw.com\/zh\/when-are-you-entitled-to-severance-pay\/\">Read more &rarr;<\/a><\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[396,123,308,1],"tags":[727,728,412,290,718,411,737,736],"class_list":["post-1920","post","type-post","status-publish","format-standard","hentry","category-business-law-blog","category-english","category-litigation-blog","category-uncategorized","tag-ashley-iyathurai","tag-employment-law","tag-employment-standards-act","tag-jeff-li","tag-law-office-of-jeff-j-li","tag-notice-period","tag-severance","tag-severance-pay"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p1MD0B-uY","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/posts\/1920","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/comments?post=1920"}],"version-history":[{"count":1,"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/posts\/1920\/revisions"}],"predecessor-version":[{"id":1921,"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/posts\/1920\/revisions\/1921"}],"wp:attachment":[{"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/media?parent=1920"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/categories?post=1920"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jefflilaw.com\/zh\/wp-json\/wp\/v2\/tags?post=1920"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}