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this topic is about whether the level of sophistication of an employee is relevant in determining the enforceability of a termination clause so the brief background here is that in the employment standards act there are statutory minimums that are set out for notice and severance pay neither an employee nor an employer can contract out of the esa minimum requirements so if an employer tries to include a termination provision which results in a lesser right or benefit to the employee than what the employee would have had in the employment standards act then the clause will be unenforceable and the employee will be entitled to a longer common law period of reasonable notice so that principle is set out in a decision called not finger and hoj industries and more recently employers unfortunately have to deal with a decision called waxdale and suegen north america which essentially says that if any provision in the termination scheme is unenforceable then the entire termination scheme is un
