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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.
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