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I have worked for a private sector company in Scarborough for over 36 years. since May of 2004 they acquired new equipment and I was handed a cell phone/and laptop and told I am on call 24/7/365 this includes vacation’s in and out of the country as well. I am thinking of retiring in the next 3 years or so. But for the last while I have been going over in my head that being on call 24/7/365 for a company and doing it for free doesn’t appear right . This has meant that when i do anything socially I have to be ready to take my wife home first/Take two cars or arrange transportation for her. Of course I cannot have alcohol in my system. I must be ready at any time to leave where i am and return to work (I am compensated when I do go in) and trouble shoot this equipment how ever long it takes. My question is do i have a right to demand compensation for my contributions to this company if they decide to get rid of me first (I have heard talk that makes me believe my career may be cut short.

Unfortunately, since this has been going on for 10 years, you are deemed to have accepted this arrangement. Therefore, you are not in a position to demand that it be changed. That said, if they let you go, your severance would have to include your average earnings, including what you get when you get called in. So, for example, if you make an average of $1,000 a month from being called in after hours, that would have to be included in your severance. You would easily be entitled to 24 months' severance. If they were to let you go, please call me to discuss.

Lior Samfiru
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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