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Termination and Severance Pay
"Skilled Severance and Termination Lawyers..."
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If your employer changed your job or the work conditions have changed,
Click here for information regarding constructive dismissal.
Dismissed? Fired? Laid off? Have you been asked to accept/sign a severance offer? Wait, don’t sign! The first offer from your employer is rarely, if ever, fair. Employers often offer the minimum entitlements under the Employment Standards Act and hope you’ll go away. By accepting it, you could be forfeiting thousands of dollars in entitlements under common law, not to mention potential damages based on your employer’s actions.
Our severance lawyers are here to safeguard your interests and negotiate the best possible outcome for you.
Despite what your employer may say about you needing to sign, that is simply not true. In fact, you have two years to claim your severance. But once you sign and accept the severance package, you cannot later claim additional severance under the common law. This could be many thousands of dollars.
Before you sign, have us review your severance offer and the circumstances of your dismissal to ensure you receive your full entitlements.
Employers often exploit your stress during these difficult times to pay you less severance or termination pay than you are entitled to. Unfortunately, they often succeed because:
- You’re under pressure to take what seems generous
- You want to put this humiliating experience behind you
- You’re worried about your references and don’t want to upset them further
- The wording of your employment contract appears to be on their side
Paying you less than you are entitled to is wrong. It violates your employment rights and hampers your ability to transition smoothly into a new position.
We’ll clearly outline what you can expect. Employment contracts often contain things that are not enforceable.
The difference can be many months of additional severance pay.
Depending on your situation, judges can award you even more than what the Employment Standards Act entitles you to. This is known as Common Law Severance Pay. You may also be awarded damages depending on your employer’s conduct.
Why Choose Achkar Law?
Legal Expertise
Our team specializes in employment law, ensuring you receive top-notch representation.
Tailored Strategies
Each case is unique. We customize our approach to address your particular circumstances.
Fearless Advocacy
We fearlessly take on even the most formidable employers to protect your rights.
Client-Centric Focus
Your needs and interests always come first, guiding our every action with compassion and dedication.
Local Advantage
With a deep understanding of Ontario’s employment laws via many years of experience, we provide an edge in your case.
Transparent Communication
We believe in clear and open communication. You’ll always be informed about the progress of your case.
Empowered Decision-Making
We equip you with the knowledge needed to make informed choices regarding your future.
We’re among the top-rated employment law firms in Ontario with an exceptional track record of positive outcomes. See our outstanding Google Reviews further down this page.
Severance FAQs
A reasonable severance package in Canada varies substantially based on the circumstances of the employee. While there are many factors which can contribute to the calculation of a reasonable package, there are common factors which are typically considered, known as the Bardal factors.
Employees can try to negotiate alone, but almost always, a lawyer can get them more. Seeking the advice of an experienced employment lawyer helps a dismissed employee understand whether the severance package they are offered is reasonable in comparison with what a judge will likely give them.
An employment lawyer is likely in the best position to assess the appropriate severance package of an employee who has been let go. A good lawyer will know how and when to negotiate, and when to initiate a Statement of Claim to get defendants to pay you through settlement or a court order.
Yes – having your employment terminated by your employer is the same as being fired or let go. A termination of employment is either with or without cause, which affects whether or not you are entitled to termination pay. Sometimes employers try to claim that a termination is for cause when it is not. Wrongful dismissal is when an employee is told they are in fact fired or dismissed.
As an employee, if your employment is terminated without cause – that is, through no fault of your own, you are entitled to termination pay, or common law reasonable notice or pay in lieu. If you are an employee and have been terminated, contact an experienced employment lawyer to help assess your case.
In Ontario, employers are able to dismiss an employee without reason – as long as the reason is not related to Human Rights. Employers have to provide the appropriate amount of notice or termination pay to the dismissed employee. The appropriate amount of notice will largely depend on the employment agreement if applicable, and if not, on common law reasonable notice.
