What is a severance package? A severance package is an offer of monies from an employer to an employee upon termination of employment in exchange for the employee signing a release releasing the employer from liability. In other words, a severance package is a settlement proposal to avoid the employee suing for wrongful dismissal. A …
Severance
This blog post is intended to help you understand small claims court employment disputes and to help you pick a small claims court employment lawyer or a small claims court employment paralegal in Toronto. What is the maximum amount of money you can sue your employer for in the Ontario Small Claims Court? The maximum …
Almost everyone in Ontario is entitled to ‘severance pay’ unless that person is terminated for just cause. However, keep in mind that there are two kinds of severance pay: Who gets common law severance pay? Almost everyone has a right to common law severance pay unless they have a valid and enforceable termination clause limiting their …
There is no rule that 24 months’ is the absolute maximum amount of reasonable notice a long-standing, senior employee can receive in Ontario (see my earlier blog post on the topic here). To that effect, in Lowndes, the Ontario Court of Appeal observed that calculating reasonable notice is “case-specific” and, while there is “no absolute …
Question: How much severance am I owed in Ontario? Lawyer Answer: The first thing we do when calculating how much severance an employee in Ontario is entitled to is to check their employment contract for a termination clause. If the employee has a termination clause in their contract, then we determine what it promises in …
Is everyone entitled to severance pay? Generally, everyone in Canada (except construction workers) are entitled to severance pay regardless of how long they worked or how big their employer is. This is because all Canadian employees are entitled to common law severance, which provides a range of around two and half months’ severance up to …
In addition to paying base salary over the reasonable notice period (i.e. the severance period), must an employer pay an employee their usual commissions over the reasonable notice period? Yes, an employer is generally required to pay commissions over the whole reasonable notice period if the mode of remuneration of an employee usually includes commissions …
Wrongful Dismissal Ontario FAQ A wrongful dismissal in Ontario is when an employee is terminated without enough “severance”*. What is severance? Employers have to provide advance warning to employees that their employment is going to be terminated otherwise it is a wrongful dismissal. However, employers can just pay employees money in lieu of advance warning of …
Ontario severance pay can mean one of three things: (1) “statutory Ontario severance pay”, (2) “common law Ontario severance pay” and (3) “severance pay according to your employment contract”. How much severance pay in Ontario am I entitled to? The amount of Ontario severance you are entitled to depends on which kind of severance applies …