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Hi, Here is my question , after working 5 continues year for a construction company they want me to sign a contract that includes a termination clauses that waives all my rights under the common law , they also include a lay off clause and it says that I can not consider that as a termination or constructive dismissal, they have also offer a “ Fres consideration “ signing bonus for $500 if I sign this offer letter “employment agreement “ , there is No “Notice “ of termination if I don’t sign , but they require me to sign this agreement in 5 days .
I don’t want to sign this agreement, because I will loose months worth in severance pay under the common law , but my question is : if I don’t sign The agreement , and email a letter saying that and I won’t accept any signing bonus (cause that will make the agreement “valid” ), and that I just wont sign but at the same time I continue working with the company ,so if I continue working that will mean that I’m accepting the new terms of this agreement? Just because I will continue working for the company ?

Thanks for your question, it’s an important one. You are right to be concerned about the new contract, it sounds problematic. If you don’t sign it, and your employment continues, it will continue on your previous terms of employment, which is fine.
If your employer does terminate your employment, or creates any further issues, do not hesitate to give us a call at the number below.
The Lawyers at Samfiru Tumarkin LLP
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