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We want to terminate an employee that is just not working out. She's miserable and confrontational all the time so we want to terminate her. She's been employed less than 4 years so we will be giving her 3 weeks termination pay. She's not entitled to severance because it's under 5 years. Can she sue for any type of wrongful dismissal
My name is David Vaughan and I am an employment lawyer with Samfiru Tumarkin. Despite the fact that this employee has less than 5 years of service, she could still pursue your company for common law severance pay in addition to the 3 weeks' termination pay you will be paying her. To determine your potential liability, please visit the severance calculator (http://www.severancepaycalculator.com/). Further, please contact our firm to discuss how we can assist you minimize your company's risk.