One question that I get asked often is what to do when you’ve lost your employment contract and don’t know much severance you should be getting.
For some of the longer service employees, ten years or more, you might not even be sure whether you signed a contract.
Ask Your Employer For a Copy
One way to get over this problem is to simply ask your employer to give you a copy. If you really did sign a written contract, the employer should have it on file and is usually able to provide you a copy.
If for any reason the employer is being difficult or evasive, you can always have a lawyer ask on your behalf.
Review Termination Clause
After getting a copy of your contract, you should review it very carefully to see if it has a clause on termination pay, and specifically whether that clause limits your termination pay in any way.
If there is a limiting termination clause, then you are going to want to consult an employment lawyer to see if there is any way to overcome that clause.
Some things to pay attention to:
- It could be that your contractual entitlement is below the minimum required under the Employment Standards Act, in which case that whole clause would be void.
- It could be that other clauses in the contract are breaching clauses, and thereby invalidate the whole contract, which sometimes happens.
- It could be that your employment contract is not enforceable for lack of fresh consideration, which sometimes happens when you sign the contract long after your start working.
- It could also be that your employment contract is no longer applicable to you because of your promotions and other significant changes to your job, even though you’re working for the same employer.
Conclusion
So, at this point, it’d be wise to consult an employment lawyer as these can be very technical legal issues, and basically make or break your case.
If you have any questions regarding your particular employment issue, we’d be happy to listen to your situation and provide assistance where needed. Please call us at (778) 565-4700 to schedule a consultation today.
The preceding content is for informational purposes only and does not constitute legal or professional advice. To obtain such advice, please contact our offices directly.
About the author
Simon practices in the areas of employment law and litigation, including small claims litigation. He has represented clients in commercial litigation matters such as commercial lease disputes, and breach of contract cases. In addition to court proceedings, Simon has experience assisting clients in arbitration proceedings and negotiating settlement agreements. Learn more about Simon.