Nova Scotia worker jumps the gun on signing termination clause and release

You make the call
|Canadian Employment Law Today|Last Updated: 10/08/2019

This instalment of You Make the Call involves a fired worker who disputed the validity of her termination clause and termination letter that she signed too quickly.

The worker was hired in October 2016 by Wilson Fuel Company — a fuel supplier in Atlantic Canada — to be the manager at the company’s store in Sydney Mines, N.S. overseeing five to eight employees. The offer of employment included a termination clause that stipulated that Wilson could terminate the worker’s employment at any time without cause by providing “working notice or pay-in-lieu of notice in accordance with the NS Labour Standards Code.”

The worker was excited about the job offer and didn’t take much time to review it. She gave the termination clause a “brief skim... a quick read,” but she didn’t fully review it. There was also no discussion about it with Wilson management and, although she was given some time to review the offer, she signed the electronic copy the same day and provided a handwritten copy one week later.