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We terminated our two restaurant managers. Gave them 8 weeks pay in lieu of notice plus 6% vacation pay. We have employed them for 1 year and 3 months, but they worked for the previous owner of our business for 10 years and 16 years prior. There was not a break in employment as we hired them back right after they received their ROEs from the previous employer. They are now airing us for severance pay in addition to what we have given them. We do not have a patrol of over 2.5 million and they were the only terminated employees.


My name is Andrew Goldberg and I am an employment lawyer at Samfiru Tumarkin LLP.

Thank you for your question.

It is very likely that you must account for the prior years of service with the previous owner in the calculation of pay in lieu of reasonable notice. As a result, these two employees are likely owed more than the 8 weeks' pay in lieu of notice which you have provided them with to date. I would recommend contacting me directly at 416-216-2839 or to discuss how we can assist you in this matter by canvassing strategies which would enable your company to mitigate its exposure to an increased payout.

Thank you

Lior Samfiru
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