Add Comment Question: Can an ex employee sue for wrongful dismissal after accepting termination pay. He also has a claim with ministry of labour, against me. But all those terms on his claim have been fulfilled prior to receiving my notice Answer: Thank you for your question. An ex-employee can sue for wrongful dismissal after receiving termination/severance pay under the ESA or otherwise. The only way the employee would be barred from filing a claim would be if he or she signed a release. If that employee also has a preexisting claim with the Ministry of Labour, they would likely be barred from brining a wrongful dismissal claim. That said, it would depend on the content of the claim. I would suggest you call us and set up a free and confidential consultation with one of our employment lawyers to discuss this matter further. 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.