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I have worked for an independent optical store for twenty years and have been off for two weeks do to major depression which is documented by hospital and Dr with a note to be off for at least a employer wants to terminate me due to the fact that his business is affected because of this...if I take a termination payout of a few weeks can I still sue him afterwards for obvious discrimination due to mental health? Thanks

Hello, and thank you for your question.

By terminating your employment because of your disability, your employer will have violated your rights under the Ontario Human Rights Code. This gives rise to additional damages, on top of your termination pay entitlements.

Most importantly, do not sign ANY settlement documentation without speaking to us first. By signing a Release, you will almost certainly be prohibited from suing your employer as a result of the discriminatory basis on which your employment was terminated.

With respect to your termination pay entitlements, a payout of "a few weeks" does not sound remotely fair, nor reasonable, for an individual with 20 years of service. Please visit: to determine your rightful severance entitlements, and then email me at so that we may arrange some time to discuss your matter further. You may also call me directly at 416-216-2839

Employment Lawyer: Andrew Goldberg
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email:     Web:
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