In short
The employer offered 4 months. On these facts, common-law notice plausibly runs 10 to 14 months, well above the offer, and the release gives up future disability claims. Have a lawyer look at it before you decide.
What this document is
A termination letter and release. Senior marketing manager, 7 years' service, age 52, terminated without cause.
Key terms
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Offer: 4 months' pay, about $33,000.
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ESA statutory minimum: 7 weeks' notice plus 7 weeks' severance pay, 14 weeks.
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Common-law range (Bardal factors): 10 to 14 months, about $83,000 to $117,000.
- Length of service: 7 years (moderate)
- Character of employment: senior management (favours longer notice)
- Age: 52 (re-employment is harder; favours longer notice)
- Availability of similar employment: limited in the current market
Watch out for
HighThe offer is below the expected range
Four months against a common-law range of 10 to 14 months leaves $50,000 to $84,000 on the table, assuming a $100,000 salary.
HighThe release waives future disability claims
Paragraph 12 of the release gives up any later claim to disability benefits. That is worth more than it looks if your health changes.
What you could ask for
- Notice anchored on the common-law range, not the ESA minimum.
- The disability waiver struck from the release.
- More time to decide.
Questions for a lawyer
- Does anything in the employment agreement limit notice to the ESA minimum, and would it hold?
- What range do comparable Ontario cases support for this role, age and tenure?