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Does being fired qualify for severance? I've been with the company for 15 years and I'm not on any performance right now but my boss is threatening to let me go by April 15th if I don't find a job by then (internally or externally). It's not a layoff but he's not saying that I don't qualify for a package but he says he doesn't know for sure. Is he just playing with my mind or is there really no severance if you get fired say due to performance? Please advise.

It is very difficult for an employer to establish that an employee's poor performance justifies a decision not to provide the employee with severance pay. Doing so requires the employer to either establish that the employee is guilty of serious misconduct and that the employee was warned that such misconduct could lead to termination without pay and for just cause. Again, this is very difficult for an employer to establish.

Based on the information you have provided, it is very unlikely that your employment can be terminated for just cause. Therefore, you likely have significant severance entitlements upon termination due to your 15 years of service.

Even though your employment has not been terminated yet, your employer may argue that it has provided you with "notice of termination". Therefore, you should contact our firm to discuss this situation further.
The Lawyers at Samfiru Tumarkin LLP
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