Add Comment Question: We want to terminate an employee that is just not working out. She's miserable and confrontational all the time so we want to terminate her. She's been employed less than 4 years so we will be giving her 3 weeks termination pay. She's not entitled to severance because it's under 5 years. Can she sue for any type of wrongful dismissal Answer: My name is David Vaughan and I am an employment lawyer with Samfiru Tumarkin. Despite the fact that this employee has less than 5 years of service, she could still pursue your company for common law severance pay in addition to the 3 weeks' termination pay you will be paying her. To determine your potential liability, please visit the severance calculator (http://www.severancepaycalculator.com/). Further, please contact our firm to discuss how we can assist you minimize your company's risk. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.