Question and answer
Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes


Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.

Hello.I had been working for almost 2 years 100% from home when my employer has introduced a covid 19 vaccine mandate even tough it was not legally required to. I did not comply because I already had natural immunity through previous infection and I also did not wanted to share my medical information.I have then received 6 weeks of advance notice in lieu of notice and an ROE stating "Quit"
I have worked for that non-unionized employed for almost 7 years and have signed an employment contract with a clause limiting my severance to the minimum requirements pursuant to the ESA.
I have e-mailed Mr Lior S. early this week who has confirmed that I still had a claim even tough I have agreed on the contract to limit my severance to the minimum ESA.
Could you please confirm what else could be claimed aside from the additional 6 weeks if my employer has a payroll of more than 2.5 millions? Thanks.

My name is David Vaughan and I'm an employment lawyer with Samfiru Tumarkin. In many cases, a termination clause is unenforceable and cannot be relied on to limit an employee's termination entitlements. If this is the case, you are entitled to common law severance pay. Please visit the severance pay calculator ( for an estimate of your severance entitlements and contact our firm to discuss the matter in more detail.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email:     Web:
Leave a comment