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Hi there,

Approximately 2.5 years ago I moved from an hourly position into a salary position with the same company. At the time they made me a job offer for the new position. Knowing a lot less then than I do now, I just went ahead and signed it. Now reading back through, in the area where it talks about termination of employment it says they can terminate me without cause as long as they give notice, pay or a combination of those meeting the maximum requirement according to the Employment Standards Act. Does this limit my potential severance pay to the maximum specified under the ESA? Or could I still get my full entitlement using the services of a lawyer?

I have worked for the company for 19 years this August.

Thanks,
Andrew

My name is Andrew Goldberg - an employment lawyer with Samfiru Tumarkin LLP. Thanks for reaching out.

There is a very strong possibility you are owed your full entitlements. More often than not, these provisions are not drafted in a manner that would allow the company to limit your entitlements. We can almost always poke holes in the language to argue that the clause is unenforceable. Do not sign any severance package the company may have provided you. Instead, please contact me at andrew.goldberg@stlawyers.ca so that I may review your employment agreement in order to make a determination as to whether you are owed your full severance. It is certainly more likely than not that you are owed your full entitlements.

Thank you,

Andrew
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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