Add Comment Question: My employer is going to terminate me using the Frustration Clause for i have been off work on disability for 5 years. They didn't give me any source of income during this 5 years where I eventually was approved by the government CPP. I have been employed for 30 years as a manager in a large business firm. My employer stated that I didn't have enough hours worked after the pandemic. I worked 24 hours then went on disability. They now gave me 7 days notice to respond in writing that I am unable to perform any work and that they will send me a severance offer thereafter. What are my rights? Answer: Frustration is a legal test and occurs when an event makes performance of a contract impossible, illegal, or radically different from what was agreed. If you have been unable to work for the past 5 years as a result of your disability, this may be frustration of contract. However the analysis can be nuanced and depends on what you and your medical team are communicating to your employer. If the contract is deemed frustrated you would not be entitled to severance. You will need to respond to their request, or it could also be deemed insubordination or abandonment of the job position. You can contact us at the number below to setup a discussion to discuss your situation in greater detail. 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.