Add Comment Question: If a wrongful dismissal case is lost by the employee, either through an esa claim or a common law case, are they still eligable to recieve termination pay Answer: Yes, but they will likely need to appeal the decision in order to get it. We handle these types of matters on a daily basis. Please give us a call to schedule a consultation to discuss your matter. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.