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Hello, I was terminated shortly after 3-month period without cause in British Columbia. Salary based employee - left another company to purse this opportunity. Reason: lack cultural fit. Employer was aware of work culture of my former employer when hire me. I was offered minimum severance (1 week) in accordance with legislation per termination clause in signed employment offer (see below for clause). I did not accept their offer and after 3 months have since found employment in Ontario - lower salary plus I absorbed the cost to relocate. Is the termination clause enforceable with only minimum severance? If file a suit, would it be done in BC or Ontario? Would lawyer in BC or Ontario represent? Please advice. Termination clause: per for any reason whatsoever, on payment to you of compensation for length
of service in accordance with the requirements of the British Columbia Employment Standards Act in force at the time of your termination. For greater certainty, Company X's maximum liability to you
for wrongful dismissal, severance pay, or payment in lieu of notice shall be limited to payment of the amount as specified in the British Columbia Employment Standards Act.
Thank you for your question. Your employment matter would have to be pursued in British Columbia. And while it is possible that the termination language in your contract would limits your severance entitlements, you should discuss your situation with one of our BC employment lawyers to be sure one way or the other. Give us a call at the number below to set up a confidential consultation with one of our lawyers. We would be happy to help as best we can.