Client Win: Office Administrator Wins 24 Months’ Severance After 35 Years

Samfiru Tumarkin LLP won a 24-month severance award worth $84,240 for an Ontario office administrator who had received just eight weeks’ pay after 35 years with her employer.

Gengamah Wall had spent most of her working life at M.H. Rowe Sheet Metal Fabricating Inc. When she lost her job, the company sent her thousands of job postings, then argued that she hadn’t done enough to find new work and should receive less severance.

Our team pushed back and won. We showed that Wall’s job search was reasonable and protected her full 24-month award.

The Employer Sent 5,000 Job Postings, Then Tried to Cut Her Severance

Between December 2020 and October 2021, the company sent Wall approximately 5,000 job postings. It also offered $1,400 for career counselling.

The employer argued that she had waited too long to start applying and had applied for too few of the jobs it sent. It asked the court to reduce her severance by four months.

But thousands of postings didn’t mean thousands of suitable opportunities. Many required education, credentials or industry experience Wall didn’t have.

Our Team Showed What Her Job Search Really Looked Like

Losing a job after 35 years was a shock. Wall was also living in a COVID-19 hotspot, trying to find her footing while restrictions complicated the search for work.

Before submitting her first application in February 2021, she acquired a tablet, updated her resume and researched jobs online. She went on to apply for 59 positions.

We successfully argued that her efforts were reasonable. The judge accepted the time she needed to prepare and the practical difficulties she faced during the pandemic.

The employer also failed to identify which suitable jobs she should have applied for and why she would likely have landed one. Sending a long list of vacancies wasn’t enough to justify cutting her severance.

We Made Sure Her Benefits Counted Too

The company argued that Wall shouldn’t receive compensation for benefits because it had cancelled its benefits plan before dismissing her.

But it had replaced that plan with a $1,800 annual health spending account. Our team secured $3,600 for that benefit over the 24-month period, included in her award.

What This Means For You

• Eight weeks may be far from enough. After a long career, your Ontario severance package could be worth months of pay. Don’t assume your employer’s first payment covers everything.
• Your job search should focus on suitable work. Keep records of applications and the steps you take. If your employer says you aren’t trying hard enough, get advice before accepting a smaller payout.
• Your benefits matter. Severance can include more than salary. A health spending account or other benefits may add to what you’re owed.

A Lesson For Employers

Sending thousands of job postings doesn’t prove an employee could have found comparable work. The opportunities need to fit the person’s qualifications and experience. In Wall’s case, the employer’s argument didn’t hold up.

Another win after a long career: Read how our firm secured 16 months’ severance for an Ontario IT specialist after a temporary layoff.

Years of Service. Only Weeks of Severance?

You’ve given years to your employer. Before accepting a severance package, find out whether it reflects what you’re actually owed.

Our Ontario employment lawyers, including our Toronto team, can check your package and pursue the compensation you deserve. If your employer is challenging your job search, we can help you respond.

Wall received eight weeks’ pay. Our team fought for her and won a 24-month award. Before you sign, always check first.