I’m looking at switching companies and moving back into startup world. Everything looks good except the job offer heavily favours the company, particularly around limiting severance to ESA minimums plus four weeks, which is quite a lot lower than common law at my age and seniority.

I haven’t worked for a small company for awhile now. Is this common?

Thanks.

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Will you be a manager? You’ll be able to litigate for more severance if you’re a manager if you get let go, no matter what your contract says.

In Ontario, (in my experience and understanding) when you’re let go from a management position, usually your lawyer will ignore your contract and push for a minimum severance aligned with how much time it is reasonable to assume it will take to find a similar or better role. There’s no clause that will stop lawyers from litigating. But, I’m not a lawyer so don’t take my word for it.

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