Full and Final Release after job loss: Know your rights and protect your severance

What is a Full and Final Release in Employment Law?

In employment law, a Full and Final Release is a legal document that often appears when an employee is terminated or leaves their job. This document states that in exchange for compensation—typically severance pay—the employee agrees not to pursue any further legal claims against the employer. By signing a Full and Final Release, you could be giving up your right to file claims such as wrongful dismissal, unpaid wages, or human rights violations. It’s important to fully understand what you are agreeing to before signing, as this agreement is legally binding and final.

If you’re presented with a Full and Final Release after being let go, the employer is likely trying to protect themselves from potential lawsuits or future legal action. While it may seem like a straightforward process, there are often hidden complexities, which is why it’s critical to handle this situation carefully.

It’s also important to note that you are not obligated to sign the release by the employer’s deadline. You have up to two years from the date of your dismissal to file a claim for full compensation. This means there is no rush to sign the document immediately, and you should take the time to ensure that the offer is fair and that your rights are fully protected.

Watch: Employment lawyer Lior Samfiru explains what you need to know about severance package offers on the Employment Law Show.

Should I sign a Full and Final Release right away?

No, you should not sign a Full and Final Release immediately. This is one of the most important documents you’ll face after losing your job. Many employees feel pressure to sign quickly in order to receive severance pay, but by rushing into it, you might give up significant legal rights or accept less compensation than you are owed. Employers often include clauses that favor their own interests, and these clauses can limit your future opportunities for legal action if you later discover wrongdoing.

LEARN MORE
• Can I negotiate my own Ontario severance package?
• Use the Severance Pay Calculator
• Severance packages by Company

If you sign the release, you’re likely agreeing to terms that fully close the door on any future claims, regardless of whether your severance package meets your legal entitlements. In Ontario, for example, severance pay can be significant – as much as 24 month’s pay – depending on your length of employment and other factors. The same is true in Alberta and British Columbia. This is why you should never sign a release without first seeking legal advice from an employment lawyer at Samfiru Tumarkin LLP to ensure that the offer is fair and compliant with government legislation and our courts.

How an employment lawyer can help with a Full and Final Release

An employment lawyer at Samfiru Tumarkin LLP can review your Full and Final Release to ensure that it’s not only fair but also in line with what you are legally entitled to receive. A lawyer can assess whether the severance offer or compensation aligns with your experience, job position, and how long you’ve been employed. Additionally, we can help negotiate a better package if the initial offer is insufficient.

If you’ve been presented with a release, it’s essential to take the following steps:

1. Do not sign without fully understanding the terms.
2. Consult an employment lawyer at Samfiru Tumarkin LLP to review the document.
3. Ensure that you are receiving the severance pay and compensation you are entitled to, which could include damages for wrongful dismissal or constructive dismissal.

By working with an employment lawyer, you can protect your rights, avoid accepting an unfair deal, and ensure that the Full and Final Release truly reflects what you are owed. If you are fired or lose your job for any reason, contact the experienced employment lawyers at Samfiru Tumarkin LLP. Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

In addition to severance package negotiations, we can assist you on a broad range of employment matters, including:

Are you a non-unionized employee who needs help with a workplace issue? Contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.