severance pay ontario off

If you work for a non-unionized employer in Ontario, full or part-time, or even a contractor, you’re entitled to get a severance package if you’re terminated without cause. That means your employer can’t fire you for just about anything except for serious misconduct (which they’d have to prove in court). And even if they don’t have proof of any such misdemeanor, they still have to give you working notice or pay you to quit early (as per the Employment Standards Act – ESA).

The minimums that employers have to provide under the ESA are based on how long you’ve worked for them and what position you held. But there’s another layer of protection that you could be entitled to if you’ve worked for a longer time period and in an executive or senior level position. This is called “common law notice.”

Common law notice is a set of judge-made laws based on precedents, and it can add 3-6 weeks of pay for every year of service to your statutory minimums. It’s meant to compensate you for the extra time it will take you to find similar employment in your industry and salary bracket if you’re laid off.

What is the severance pay ontario off

During the pandemic, it’s become even more important for employees to understand their rights and responsibilities in case they’re let go. Many people don’t realize that they may be entitled to more than just their minimum severance package, or that they can sue their employer for wrongful dismissal if they’re not provided the appropriate compensation under the law. This blog post will explore what severance pay Ontario is, how it’s calculated and some best practices that employers can use to ensure legal compliance and the protection of their employee’s rights.

If you’ve been laid off, your severance package should include at least the minimum amount of severance pay outlined in the Employment Standards Act (ESA). However, it’s possible that your employment contract stipulates that you are entitled to more than what is outlined under the ESA. In such cases, you should consult with an employment lawyer to ensure your rights are protected.

It’s also worth noting that if you are a salaried employee, you will probably have the right to any unpaid bonuses that you’ve earned up to the date of your termination. You’ll only be entitled to those that you would have earned if you were still employed by your employer, so it’s a good idea to check your employment contract for clear, unambiguous language on this point.

An employment lawyer can help you understand your rights and make sure you’re being treated fairly when you lose your job. A lawyer at Samfiru Tumarkin LLP can use various laws and factors to determine your entitlements, enforce those rights and negotiate with your employer if necessary to maximize your severance package. In some instances, this method can increase your severance pay by tens of thousands of dollars. Call us to discuss your situation and see what we can do for you.