Add Comment Question: I am a 58-year-old, non-unionized Community Services Coordinator with 5 years and 7 months of service at a non-profit, earning $54,600 annually. On June 8, 2026, I met with management and clearly stated that I was not resigning and wished to remain in my current role. The following day, HR confirmed in writing that I was not resigning but advised that organizational restructuring and funding changes had resulted in changes to responsibilities. On July 30, 2026, I received a letter advising that my position was being discontinued due to restructuring. At the same time, I was offered a new position titled Programs & Outreach Coordinator, with an acceptance deadline of August 7, 2026, after which my employment would end if I declined. I have evidence indicating that the new position contains substantially the same major duties and responsibilities as my current role despite the change in title, raising concerns that my position has not truly been eliminated. My employment contract also contains a termination clause that limits termination entitlements to the Employment Standards Act (ESA) minimums where funding is discontinued. I am seeking advice on whether this clause is enforceable, as I understand it may not preserve all statutory entitlements. I intend to formally decline the new position, confirm that I am not resigning, and request an appropriate common law severance package. I would appreciate your advice on: Whether the termination clause is enforceable. My potential common law notice entitlement. The legal implications of the restructuring and the new position. The best strategy before the August 7 deadline, including protecting my Employment Insurance eligibility. Thank you for your time. I look forward to hearing from you as soon as possible. Answer: Sorry to hear about the issues you are having with your employment being restructured and the uncertainty you are currently facing. These types of changes can be incredibly stressful. For an employment contract to be enforceable, all the termination provisions must be compliant with the Employment Standards Act, 2000 ("ESA"), including the sections not being relied upon by the employer. It is also very common for other clauses that are labelled as relating to something else, like confidentiality, to also contain termination provisions. An employer must also actually comply with the language in those provisions upon termination. Due to this, a termination letter that does not comply with the ESA or the employment contract will render the employment contract irrelevant. To be able to determine the enforceability of your employment contract, common law notice entitlements, and the legality of the restructuring and new position, an employment lawyer would need to review your employment contract in its entirety, as well as other related documents such as the letter sent on July 30, 2026, and the offer for a new position. We can help you with this. Contact us, and a member of our intake team will reach out to guide you through the next steps in setting up a consultation. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.