Many employees are unaware of their entitlements on termination. Today, we’ll explore the three components of a typical severance package in Ontario:
🔹 Statutory Notice Pay in Lieu
Determined by the Employment Standards Act (ESA).
🔹 Statutory Severance Pay
Defined under the ESA.
🔹 Common Law Entitlements
Employees are nearly always entitled to additional compensation beyond statutory minimum payments.
Only a lawyer can determine what common-law notice might be within a range and more importantly what other employment related claims there may be including discrimination and torts. In addition to assessing the notice period, skilled employment lawyers are able to find additional payments that are owed at common-law but nearly universally withheld by employers in their initial “fair” offers including bonus, vacation pay, commissions, and equity. Often, the employers’ own payroll documentation will evidence lucrative claims that just aren’t apparent to HR professionals, legal generalists, and even sophisticated employees.
As always, contact us for excellent advice.
507 King St. E. Toronto, ON, M5A 1M3
Chris Robertson, B.A., LL.B.
Chris Robertson, B.A., LL.B.