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Severance Pay Lawyer · Toronto · Ottawa · Ontario
Severance Pay Lawyer
If you have been offered a severance package in Ontario, a severance lawyer can tell you whether the offer reflects your full legal entitlement before you sign anything.
Severance packages offered by Ontario employers at termination are almost always lower than what employees are legally entitled to at common law. Many employees accept the first offer without knowing their rights, signing away their ability to claim more.
Achkar Law’s severance lawyers help employees across Ontario review their package, calculate their full entitlements, and negotiate or pursue the compensation they deserve. Do not sign until you have spoken with a severance pay lawyer.
Call toll-free: 1-800-771-7882
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Severance Pay Lawyers · Ontario
Is Your Ontario Severance Package Fair? Get Legal Advice Before You Sign.
When an employer terminates an employee without cause in Ontario, they are required to provide notice or pay in lieu of notice. Under the Employment Standards Act, 2000, minimum notice is based on length of service. But for most Ontario employees, the law provides significantly more through common law reasonable notice, and that is where the real value of a severance review lies.
Employers know that many employees will accept the first severance offer without getting legal advice. Initial packages are almost always structured to reflect only the employer's minimum legal obligations, not the full amount the employee may be owed. Signing a release without having a severance lawyer review the package may permanently eliminate your right to claim additional compensation.
Achkar Law's severance pay lawyers help employees across Ontario review their severance package, assess their full legal entitlements under the Employment Standards Act, 2000 and at common law, and negotiate or pursue the compensation they deserve. Do not sign anything until you have spoken with an Ontario severance lawyer.
Get Your Ontario Severance Package Reviewed If:
- You were offered a severance package after termination
- You feel the offer seems low for your years of service
- Your employer is pressuring you to sign quickly
- You are a senior or long-service employee
- Your package does not include bonuses or benefits
- You signed a termination clause you do not fully understand
- Your termination may be connected to a complaint or leave
- You want to know what your severance should actually be
How Severance Pay Works in Ontario
What Severance Pay Are You Entitled to in Ontario?
Severance pay in Ontario is determined by two separate but related frameworks. Understanding both is essential to knowing whether the package you were offered is fair.
01
ESA Termination Pay and Severance Pay
The Employment Standards Act, 2000 requires a minimum of one to eight weeks of notice based on length of service, and additional severance pay for employees with five or more years of service at larger employers. These are legal minimums, not your full entitlement.
02
Common Law Reasonable Notice
At common law, Ontario courts award reasonable notice based on your age, length of service, the nature of your position, and the availability of comparable employment. Common law notice regularly exceeds ESA minimums significantly, sometimes reaching 18 to 24 months or more for senior or long-service employees.
03
Bonus, Commission, and Benefits
Your severance package should include compensation for bonuses, commissions, and benefits you would have received during the notice period. Employers frequently exclude these, even when employees have a contractual or common law entitlement to them.
04
Termination Clause Enforceability
Your employment contract may contain a clause that attempts to limit your severance to ESA minimums. Ontario courts regularly find these clauses unenforceable, which means you may be entitled to common law notice regardless of what your contract says. A severance lawyer can assess whether your clause is valid.
05
Aggravated Damages and Human Rights
Where your employer acted in bad faith during the dismissal, or where the termination was connected to a protected characteristic under the Ontario Human Rights Code, additional compensation beyond standard severance may be available.
Is Your Ontario Severance Package Fair?
The initial severance offer made by an Ontario employer is almost always lower than what the employee may be legally entitled to at common law. Employers make low initial offers knowing that many employees will accept without getting legal advice, particularly when they are under pressure to sign quickly.
A severance package review lawyer in Ontario can assess your offer against your full legal entitlements, identify any shortfall, and advise you on whether to accept, negotiate, or pursue a wrongful dismissal claim. In most cases, employees who get a severance review before signing recover significantly more than the initial offer.
Once you sign a release, your right to pursue additional compensation may be permanently extinguished. Do not sign until you have spoken with a severance lawyer in Ontario.
Get Your Severance Reviewed
What Determines Your Severance in Ontario
Factors That Affect How Much Severance You Are Owed in Ontario
No two severance packages in Ontario are the same. Courts assess a range of factors when determining common law reasonable notice. A severance lawyer can apply these factors to your specific situation and calculate your full entitlements accurately.
Length of Service
The longer you have worked for your employer, the greater your severance entitlement in Ontario. Long-service employees are generally entitled to proportionally more notice at common law than ESA minimums suggest, often significantly more.
Age at Termination
Older employees typically receive more severance in Ontario because courts recognize that finding comparable employment is harder later in a career. Age is one of the most significant factors in any common law severance calculation.
Nature of the Position
Senior, specialized, or management positions generally attract higher severance in Ontario. Courts recognize that employees in more senior roles may face a longer search to find comparable employment after termination.
Availability of Comparable Employment
If comparable work is difficult to find in your field or location, Ontario courts may award a longer notice period to reflect the additional time needed to secure similar employment. A severance lawyer considers this in calculating your entitlement.
Termination Clause Enforceability
Whether the termination clause in your employment contract is enforceable under current Ontario law is one of the most critical factors. An unenforceable clause means you are entitled to full common law notice regardless of what the contract says. This alone can dramatically change the value of your claim.
Manner of Dismissal
How the termination was conducted matters. If your employer made false allegations, provided a misleading reference, or caused unnecessary distress, additional aggravated or moral damages beyond the standard notice period may be available to you.
How Our Severance Lawyers Help Ontario Employees
What a Severance Package Lawyer Does for Ontario Employees
Achkar Law's severance lawyers assist Ontario employees from the moment they receive a termination notice through to resolution, whether that is a negotiated settlement or a court judgment.
1
Review Your Severance Package
We analyze your severance offer against your full entitlements under the Employment Standards Act, 2000 and common law, identifying any shortfall between what you were offered and what you may actually be owed.
2
Assess Your Employment Contract
We review your employment contract to determine whether any termination clause is enforceable under current Ontario law. If the clause is void or unenforceable, you may be entitled to common law reasonable notice regardless of what the contract says, which can dramatically change the value of your claim.
3
Calculate Your Full Entitlements
We calculate your severance entitlements accurately based on your age, length of service, position, total compensation including bonuses and benefits, and all other relevant factors. You will have a clear and accurate picture of what you may be owed before you make any decisions.
4
Negotiate a Better Severance Package
We negotiate directly with your employer or their counsel, presenting a clear and well-supported position on your full entitlements. Most Ontario severance matters are resolved through negotiation without the need for litigation, and having an experienced severance lawyer negotiate on your behalf consistently produces better outcomes than accepting the initial offer.
5
Pursue a Wrongful Dismissal Claim if Necessary
If negotiation does not produce a fair result, our wrongful dismissal lawyers represent you in proceedings before the Ontario Superior Court. We are fully prepared to litigate when necessary to recover what you are owed.
6
Advise on Related Claims
Severance matters sometimes involve additional claims including constructive dismissal, human rights violations, or bad faith conduct. We advise you on every available option so you can make fully informed decisions about how to proceed.
Not Sure If Your Ontario Severance Package Is Fair? Find Out Before You Sign.
Achkar Law's severance lawyers help employees across Ontario understand what they are actually owed.
Severance pay in Ontario depends on two frameworks. Under the Employment Standards Act, 2000, minimum termination pay is based on length of service, ranging from one week to eight weeks. Additional ESA severance pay applies for employees with five or more years of service at larger employers.
At common law, courts award reasonable notice based on your age, length of service, position, and the availability of comparable employment. Common law entitlements regularly exceed ESA minimums significantly. A severance lawyer in Ontario can calculate what your specific package should look like based on the facts of your situation.
Yes. Severance packages in Ontario are negotiable. The initial offer made by an employer is rarely the maximum they are required to pay, and most employers make low initial offers knowing many employees will accept without seeking legal advice. A severance package review lawyer in Ontario can assess your offer, identify the gap between what you were offered and what you may be owed, and negotiate a significantly better result.
In the vast majority of Ontario severance matters, negotiation produces a better outcome than accepting the initial offer. Having an experienced severance lawyer negotiate on your behalf changes the dynamic significantly.
Yes. Getting legal advice before signing a severance agreement in Ontario is strongly recommended for any employee, and particularly for senior employees, long-service employees, and those whose packages seem low relative to their years of service. Signing a release without legal advice may permanently extinguish your right to claim additional compensation.
A severance package lawyer in Ontario can review your offer quickly, advise you on whether it is fair, and in most cases negotiate a significantly better settlement. The cost of a severance review is frequently recovered many times over through an improved package.
ESA severance refers to the minimum termination pay and severance pay required under the Employment Standards Act, 2000. These minimums are based on a formula tied to length of service and, for severance pay, the size of the employer's payroll. ESA minimums are the legal floor, not the ceiling of what you are owed.
Common law severance refers to the reasonable notice entitlement determined by courts based on your individual circumstances. Common law notice is almost always higher than ESA minimums and is the basis for most wrongful dismissal claims in Ontario. Understanding the difference and which applies to your situation is one of the most important things a severance lawyer in Ontario explains during a package review.
There is no fixed legal deadline for accepting a severance offer in Ontario, but employers often impose their own deadlines for signing. These employer-set deadlines are frequently shorter than necessary and are designed to pressure employees into signing before they have time to get legal advice.
You are generally entitled to a reasonable amount of time to seek independent legal advice before signing a severance agreement. Contact a severance lawyer in Ontario as soon as you receive your package so you have time to get proper advice before any deadline passes. Do not let an artificial deadline pressure you into signing without advice.
Most severance agreements in Ontario include a full and final release of all claims against your employer. By signing, you agree to give up your right to pursue any additional compensation, including a wrongful dismissal claim for common law reasonable notice. Once signed, it is very difficult to set aside a release even if you later discover you were entitled to significantly more.
This is why speaking with a severance package lawyer before signing is so critical. A severance lawyer can review the release, explain exactly what rights you are giving up, and advise you on whether the compensation being offered in exchange is fair relative to your full legal entitlements.
Get Your Severance Package Reviewed
Call Us or Fill Out the Form and We Will Respond Promptly
If you have received a severance package in Ontario and are unsure whether it is fair, Achkar Law is here to help. Our severance lawyers give you a clear picture of what you may be owed before you make any decisions.
We assist employees across Toronto, Ottawa, and throughout Ontario. Offices in Toronto and Ottawa. Many consultations are available virtually.
Call: 1-800-771-7882Get Your Severance Package Reviewed
Note: Phone calls, consultations, forms, and emails sent to us do not create a lawyer-client relationship and do not constitute legal advice.