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Is this employment contract termination clause enforceable (there seems to be an implied attempt to contract out continuing benefits during notice period)
"Employment may also be terminated without cause upon giving notice or payment in lieu thereof. It is further agreed that the period of notice shall be in accordance with Section 57 of the Employment Standards Act of Ontario 2000. Payment in lieu of notice shall be determined by adding ONE (1) week to the applicable period as set forth in Sections 57 and 58 of the Employment standards Act of Ontario 2000. You will have no further or other claim at common law or otherwise".
Thank you for reaching out to our firm.
That clause is likely unenforceable for the reason that you mentioned as well as others. However, we would need to see the whole contract in order to be able to properly advise you. If this is a case where you have been terminated, then it is quite possible that you could be entitled to considerably more severance than that contract is attempting to provide.
If you would like to discuss this further, please phone the number below to set-up a consultation with one of our employment lawyers.
That clause is likely unenforceable for the reason that you mentioned as well as others. However, we would need to see the whole contract in order to be able to properly advise you. If this is a case where you have been terminated, then it is quite possible that you could be entitled to considerably more severance than that contract is attempting to provide.
If you would like to discuss this further, please phone the number below to set-up a consultation with one of our employment lawyers.