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DO I HAVE TO SIGN THE FULL AND FINAL RELEASE/SEVERANCE PACKAGE BEFORE THE DEADLINE GIVEN BY MY EMPLOYER?

Often times, employees upon termination are offered a severance package by their former employer. Within the severance package the former employer may provide a deadline that the Full and Final Release must be signed by in order to receive your severance or receive the “additional Offer” or “enhanced severance” package.

This gives rise to your question: “Will I lose my severance package if I do not sign before the deadline?”

 

THE DEADLINE IS A PRESSURE TACTIC

The deadline to sign is used as a pressure tactic. Your rights under the Employment Standards Act and common law do not expire if you do not sign the Full and Final Release by the deadline provided. In fact, if you do not receive the correct severance by the employer in accordance with the Employment Standards Act and or common law then this gives rise to a wrongful dismissal claim.

TAKE HOME

Seek independent legal advice right away when being offered a Full and Final Release/Severance Package upon termination. Make sure the Severance Package is in writing. If you have missed the deadline provided by your former employer to sign the Full and Final Release do not worry. You have two years to bring a claim for wrongful dismissal and obtain severance. However the faster you seek employment advice the better your case will be. An employment lawyer will be able to review the package and determine whether the severance offered is appropriate and negotiate a stronger severance package if it is not. Please call 905 723 2278 ext. 235 or email sking@oshawalwyers.com if you need your severance package reviewed, have been terminated or have any other employment law needs.

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