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TERMINATION & SEVERANCE

Fired Ontario Employee Can Sue despite Signing Severance Release

Entering what he thought was a “normal business meeting,” a 20-year employee was handed a letter advising him that “this is your last day” and offering him 28 weeks’ severance as long as he signed the written release on the spot. He did but came to regret the decision and sued. And he won. The release was unenforceable because the notice was woefully inadequate and the employee signed it under duress, without the advice of a lawyer and with the impression that he’d get nothing if he declined the offer. So the court awarded him 20 months’ notice–$72K—for wrongful termination [Rubin v. Home Depot Canada Inc., [2012] O.J. No. 2409, May 25, 2012].  

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