The Release Your Employer Asked You to Sign: What to Check Before You Sign
A termination letter almost always comes with a release. Signing it in exchange for the offered amount permanently waives your right to claim more. A practic...
Frequently Asked Questions
Can I just take the ESA minimum if I do not sign the release?
Yes. The ESA minimum is a statutory floor that the employer must pay regardless of whether you sign the release. Refusing to sign preserves your right to claim more under the common law; it does not eliminate the ESA payment.
Is the deadline in the termination letter binding?
In practice, almost never. Most employers extend the deadline on request. A short reply asking for additional time to review with a representative is usually sufficient. Employers extend because pressuring an employee to sign without review can later support an argument that the release was signed under duress.
What happens if I sign the release and later realize I was owed more?
Once a valid release is signed, the claim is gone. Releases can occasionally be set aside on the grounds of duress, unconscionability, or material misrepresentation, but the bar is high and the outcome is uncertain. The best protection is to not sign until the package has been reviewed.
Can a release waive my right to file a Human Rights Tribunal application?
A release cannot eliminate the right to file an application at the Human Rights Tribunal of Ontario based on conduct that occurred during the employment. What the release does is settle the damages claim. The right to seek a remedy under the Code is preserved.
Should I get the release reviewed even if the offer seems generous?
Yes. Even an offer that looks generous can be far below the Bardal common-law range, particularly for older, longer-service employees in contracting job markets. A 30-minute review usually confirms whether the offer is in the right ballpark.
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