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I was terminated without cause. I have been working full time with this company for 18 yrs. I was given 8 weeks termination pay. My employment contract termination clause is this ... 8.2 The employee may have her employment terminated on a "without cause" basis upon the provision of notice or pay in lieu of notice and the continuation of benefits as well as server acne if applicable in accordance with the requirements of the ESA of Ontario as amended from time to time. 8.3 The written notice, or pay in lieu thereof and applicable severance pay, referenced in Article 8.2 and 8.3 of this agreement, is inclusive of all statutory and common law entitlements to notice or payment in lieu of notice. Upon the expiration of the notice period, or the date upon which payment in lieu of notice and any applicable severance pay is made, as well as payment of outstanding wages and vacation pay accursed to the date of termination, the employment relationship shall be wholly terminated. Is this termination clause enforceable? Do I have any chance of getting pay in lieu of under Common Law?
It depends when and under what circumstances you signed the contract. Please contact us at the number below to arrange a free consultation with one of our lawyers.