The Termination Letter in Ontario

As economic uncertainty looms, job terminations have become all too common. When facing the reality of a termination of employment, understanding your rights and entitlements is essential to protect your future.

A termination letter is an employer’s formal notice of employment termination, often detailing reasons, effective dates, and information on final pay and benefits. A notice of termination, on the other hand, serves as an advance alert, either verbally or in writing, giving the employee time to prepare. Both require careful attention to employment law to ensure fair treatment and adherence to Ontario regulations.

How to Handle a Termination Letter

A termination letter should be clear, outlining specific reasons and effective dates. However, not all termination letters meet the standards set out by the Employment Standards Act (ESA). Ensuring compliance with legal requirements is critical, as errors in a termination letter can impact your entitlements.

If you receive a termination letter, contact an employment lawyer before signing anything. A termination lawyer can assess whether the letter meets ESA standards and help you negotiate a fair severance package.

Understanding Your Entitlements

In Ontario, most employees with over three months of service are legally entitled to written notice or pay in lieu of notice. Depending on your length of service and unique circumstances, you may be entitled to additional compensation under the ESA or even common law reasonable notice, which often surpasses minimum statutory requirements.

Key entitlements under the ESA include:

Termination Notice: Up to 8 weeks of notice based on your service length.
Severance Pay: For eligible employees, 1 week per year of service (up to 26 weeks) for those with a five-year tenure in organizations with a payroll exceeding $2.5 million.

In some cases, where there’s no enforceable contract limiting notice, common law reasonable notice may apply. This assessment considers factors like your age, role, years of service, and local job market. Courts generally award a reasonable notice period of up to 24 months.

Why You Shouldn’t Rely on a Termination Letter Alone

Employers may state in a termination letter that the offered amount meets all legal obligations, but this isn’t always accurate. To know what you’re truly owed, consult with a lawyer who can help evaluate whether the offered severance aligns with your legal rights. Missteps in a termination letter, such as incorrect pay calculations or unauthorized deductions, may entitle you to additional compensation.

What Should a Proper Termination Letter Include?

In Ontario, a proper termination letter must specify:

The termination date to start calculating your entitlements
Accurate calculations of ESA entitlements for notice, severance pay, and benefit continuation
Unconditional payment of your ESA minimums without additional conditions, like signing a release

If a termination letter doesn’t meet these requirements, it may open doors for further negotiation or wrongful dismissal claims. Consulting a lawyer can help identify any potential shortfalls and address them.

Next Steps After Receiving a Termination Letter

Upon receiving a termination letter:

Stay Calm: Avoid signing anything immediately.
Gather Relevant Documents: Collect any employment contracts, pay stubs, and other pertinent records.
Seek Legal Guidance: An employment lawyer can help determine your entitlements, negotiate on your behalf, and, if necessary, pursue wrongful dismissal claims.

Protecting Your Rights After Termination

Facing termination can be challenging, but you don’t have to go through it alone. Consulting with an employment lawyer ensures you receive the severance and benefits you’re entitled to. Whether through negotiation or legal action, having professional support is crucial for protecting your rights and securing your future.

Contact Achkar Law

If you’re facing employment termination or need help with severance negotiations, Achkar Law’s team of experienced employment lawyers is here to support you. We’ll assess your termination letter, calculate your entitlements, and work tirelessly to achieve a fair outcome.

Contact Achkar Law today at 1 (800) 771-7882 or email us at [email protected] to schedule a consultation and protect your employment rights.

Need a Termination Lawyer? Contact Achkar Law

If you have received a termination letter and need assistance understanding your rights, or if you are an employer seeking legal advice to properly draft a termination letter, Achkar Law is here to help. Our experienced lawyers provide guidance to ensure fairness and legal compliance for both employees and employers during the termination process.

Curtis R

I had to update my review. After conversation with Charles,I can say they do care about their clients and take care of and issues that might arise.He is friendly and very fair, I'm thankful we resolved our minor misunderstanding, and will proceed in a positive manner..Cheers Charles 🍻

Response from the owner: Dear Curtis,Thank you for your message. I wanted to address the concerns you recently shared regarding our services. Your feedback is invaluable to us, and I appreciate the opportunity to clarify our approach and commitment to our clients.First and foremost, please know that we deeply care about each of our clients and are committed to providing the highest level of service. Our team strives to approach every case with empathy, diligence, and a genuine desire to achieve the best possible outcomes for our clients.Regarding your specific case, our dedicated team conducted a thorough investigation into your situation. Through our work together, we were able to identify alternative avenues that could potentially allow you to advance your claim through civil court and administrative processes despite the obstacles you faced.We continue to be ready to help, but we just can't eliminate risk from cases and have to deal with the facts of every situation as they present themselves.I am personally happy to discuss this further with you. Please email me at [email protected] and I'd be happy to discuss this more.Kind regards,Chris

Jean Sagasag

I recently had a consultation with Charlie Millar and I was impressed with his knowledge and understanding of my situation. He was honest and kind. My experience was very positive and I will be recommending him to family and friends.

F Lauw

Had a great consultation with Chris! He was able to see me quite quickly and put me at ease during a very stressful time with his expertise and clear questions. He provided me with multiple options based on my situation and set me on course in the right direction. Thank you!!

Anthony Dinatale

Chris was super helpful and amazing to work with.

Alain Matar

I recently had a consultation with Charlie Millar, and I must say, the experience from start to finish was outstanding. From the initial contact with the company to accommodating an urgent call, everything was handled seamlessly. Charles was incredibly helpful and knowledgeable, showing a clear understanding of my situation. I'm thoroughly impressed and will definitely reach out to him for any future inquiries

Monique Crichton

I had a consultation with an employment lawyer and it went so well. Leading up to the meeting the clerk was responsive, informative and helpful; not to mention very polite. When I had the opportunity to sit with the lawyer she was friendly, attentive, and very well educated. She gave me honest answers to all my questions and provided me with all my options very clearly. It was a pleasure to talk with her and it made me feel a lot better about my situation. She calmed me down and made me feel heard and that I am not alone.I would recommend them to others.

mike battista

Initially, when I had the opportunity to speak with Charles Millar. I was impressed. I consider him a "man of refreshing candour", knowledge, and kindness. I have been dealing with Charles now for several months. He follows up in a timely manner. He's been on point with his recommendations; I feel very confident that his action plans are very well thought out and structured. It has been a pleasure consulting with him. I will be recommending him to friends and family. True professionals like Charles are definitely hard to come by.Thank you.

Christina

Mariel was informative and well knowledged the team takes time to express their care and concern . Worth the consult . They provided me so much direction with confidence . Thank you !!

kenneth smith

The whole team, from the start with Rachel and Charles to the conclusion of the hard work and success by Natalie was very positive. I have never been in a situation of constructive dismissal or without a job. They were an outstanding resource and well worth it. I hope they continue to expand their business and hopefully come out west. I would certainly recommend this company and particularly Natalie.

Derrick Ransom

A very positive experience with professional and forward thinking individuals. Thank you for the hard work.

Marco Tasca

Excellent, professional and thorough. Communication was always clear and concise and they were open and available for questions and support throughout the whole process. Everyone I dealt with at the office was great. Thank you Madison, Charles and Natalie for your quality work! Couldn't be happier with the process from beginning to end and of course, the result.

Kay Zee

Christopher was extremely supportive during a transitional period at my workplace. Together, we explored my options, and his guidance was consistently insightful. I had an outstanding experience and would certainly enlist his services again anytime in the future.

Matthew Mccormick

I had spoken with Mariel. She was really sympathetic and made everything easy to understand. Calmed my nerves and explained everything fully.

Leandra LeGendre

I had the pleasure of working with Chris regarding a severance package. He was thorough, asked great questions, and made sure things I hadn't thought about were covered and that I was being treated fairly. In addition to being happy with the quality of Chris' work, he was kind and even asked about my daughter. He clearly cares about people and that value came through in our conversations which I appreciated.

Rachel Lea Heide

My first consultation meeting with associate lawyer Mariel was very positive and helpful. I really appreciated her questions, empathy, listening, and expertise and advice she was able to give even at the very beginning of my file. If my work situation doesn't improve, I do look forward to working with Mariel and the Achkar Law firm team to tackle the issues.