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FREQUENTLY ASKED QUESTIONS AND ANSWERS

Am I entitled to severance pay if my contract is frustrated?

This depends on the province where you work.

  • In some provinces (like Ontario), you are still entitled to statutory pay even if your contract is frustrated due to illness or injury. This means your employer must provide the minimum amount of notice or pay in lieu of notice (and Severance Pay, if applicable) required by provincial employment standards legislation.
  • In other provinces, frustration of contract may relieve the employer of the obligation to provide notice/pay in lieu of notice and severance pay.

It’s important to check the employment standards legislation in your province or consult with an employment lawyer to understand your entitlements.

  • Province-specific laws: Remember that employment laws can vary by province. These FAQs provide general information, but it’s crucial to consider the specific laws in your jurisdiction.
  • Seek legal advice: Frustration of contract is a complex legal issue. Always consult with an employment lawyer for advice tailored to your specific circumstances.
Employment Lawyers - Rudner Law
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Rudner Law
15 Allstate Parkway
Suite 600
Markham, ON
L3R 5B4

Phone: 416-864-8500
Text: 416-864-8500

Email: info@rudnerlaw.ca

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