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Received termination in ON without notice: letter states due to restructuring and references signed contract (they may not have a copy of). The employment was part time and wages for overnight pay scheduled on specific day over nine years. Although this does not appear clearly as clause they are allocating 8 weeks of the severance provided for in the contract in lieu of notice to reduce severance provided for by 8 weeks. Also limit pay in lieu of notice to base pay without regular pay in lieu of vacation & benefits and overnight pay. They also say it has been agreed that it will be paid out weekly -also unclear from the contract. They continue in the termination doc saying that this is with the employee's prior agreement. I have not signed or agreed to anything since the termination. Must I state that I am opposed to the termination letter in order to decide at a later time whether I would like to pursue recourse? If the employer makes payments as if I agreed does this imply agreement? Termination came directly after attempting to have pay corrected and receive documentation under ESA. What is the best course of action given that the weekly pay is minimal? Should I pursue backpay on my own or should I contact the labour board as this may have been throughout employment?
Your employer is required to pay out your minimum entitlements under the Employment Standards Act by law. Acceptance of your ESA minimums will not be viewed as consenting to the severance package. Only signing a full and final release would preclude you from being able to pursue a claim for further severance pay. In order to better assess whether you are entitled to a more generous severance package, I would recommend that you contact us at the number below so that we can better assess your termination entitlements.