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If an employee has worked at a company in the service industry for 15 years, but ownersh changed during that time are they entitled to severance for the entire period of employment or only the portion they worked for the new owners? And can the employee be fired for refusing to work unscheduled extra hours when they have already worked extra hours with only short notice several times in the previous two weeks? Even if they have a previous commitment they are unable to reschedule?

Thank you for your questions. My name is Jon Pinkus and I am an employment lawyer at Samfiru Tumarkin LLP.

In answer to your first question, yes, your entire period of service will apply regardless of change in management, unless you signed an express agreement to the contrary.

As for your second question, we would likely need to explore that in a little bit more detail. If it has become a term of your employment that you occasionally work extra hours on short notice, then it will be difficult to justify refusing to do it. However, if this is something that has not been a term of your employment and particularly if they were aware that you had another commitment, then that could be a different story.

Please send me an email at jon.pinkus@stlawyers.ca and we can discuss this in more detail over a consultation.
The Lawyers at Samfiru Tumarkin LLP
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