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I worked for a company for 35yrs, I have medical issue and have taken time off. Our company has a 4 occasion policy and at the 4 level they can terminate you. I reached the level 4 months before I was terminated and they said not to worry , they knew I had medical issue. About 6 months after that I get called and they said there is nothing else they can do for me and gone. I was in total , I belong to a pension plan that the company matches my contribution , but if you are fired they do not. I was like great now I lose that, anyway our union is useless and they suggested for pension purposes they would say I quit. So I had 16 months left until retirement and the only I could do was take a lump sum payment which I did not want. They also said if I did not sign a form saying that I would not sue them that is the only way they would agree to the pension. this happened thurs and had to sign it by Monday. My hands were tied I did not want to lose that. So I figured that I could get EI until I found something, but they put fired on the ROE so not EI. So I took my lump sum pension. Anyway I telling this to someone the other day, and they said didn't my severance and lieu of notice cover the 16 months. I never received any. Am I entitled to severance and in lieu off.
Thank you for reaching out to our firm.
Unfortunately, if you are in a union, then the union has to be the one to represent you. If you are entitled to some form of severance, that would be governed by the collective agreement that regulates a unionized employee's relationship with the employer. Unionized employment situations are all different and all governed by collective agreements.
Where a union has failed to represent you as it should, it can be possible to take legal action against the union itself, but not the employer. This is not a simple action, but can be possible.
Unfortunately, if you are in a union, then the union has to be the one to represent you. If you are entitled to some form of severance, that would be governed by the collective agreement that regulates a unionized employee's relationship with the employer. Unionized employment situations are all different and all governed by collective agreements.
Where a union has failed to represent you as it should, it can be possible to take legal action against the union itself, but not the employer. This is not a simple action, but can be possible.