Understanding Severance Pay in Ontario
- March 24, 2021
- Rahul Soni
- Severance Pay
- 0 Comments
If you have been dismissed from your current employment, one of your top concerns may be if you will qualify for severance pay, and if so, how much you are entitled to. Not every person will qualify for severance pay and there are specific instances where employees do not qualify. In this article, we will help you understand when you qualify for severance pay and assist you in understanding how much severance pay you can anticipate.
It is important to know that your personal circumstances will play a role in your severance pay entitlements. Your age, time with the company, position and other factors will influence the amount of your severance package. You do not have to accept the first package presented to you by your employer. If you have recently been let go, consider contacting a qualified employment lawyer such as the expert severance lawyers at Soni Law Firm. We would be pleased to offer you a free consultation to discuss your situation and help you get what you are entitled to.
Who is Entitled to Severance Pay?
If you have recently been dismissed from your employment you may be wondering, is everyone entitled to severance pay? Most employees are entitled to some amount of severance pay if they are dismissed from their employment. In Ontario, an employee who has been continuously employed by the same employer for at least three months is owed at least one week’s pay for every year of employment. Under Ontario’s Employment Standards Act, if an employee has been working for 5 or more years, they may be entitled to an additional one week’s pay for each year of employment to a maximum amount of 26 weeks of pay. If you fall under these situations, you may be entitled to severance pay. In fact, you may be entitled to more than just the minimum severance pay amounts set out under Ontario’s Employment Standards Act: sometimes a lot more! So, it is definitely worth contacting an employment lawyer to discuss your situation.
Are You Entitled to Severance Pay if You Are Fired?
If you have been dismissed from your employment with just cause, you may not be entitled to severance pay. In straightforward cases of dismissal with just cause, employees are not entitled to severance pay. Though you may be able to challenge your with-cause dismissal if you feel that it is not true or justified. In these cases, it would be best to consult with a dismissal lawyer. The outcome of your case against your employer can vary, but if you are successful in your challenge, you may be able to recover severance pay from your employer. For more information on what constitutes being let go with just cause see our previous article, “Is Insubordination Just Cause for Termination In Canada?”
Do I Get Severance If I Quit?
If you have quit your job, you would not be entitled to severance pay. This is true in most situations but can become more complicated if you feel you have been constructively dismissed. If you have quit your job due to the changes made by your employer, you may have been constructively dismissed. It would be a good idea to contact a constructive dismissal lawyer to help you understand your rights and ensure you obtain the compensation you deserve.
How Much Severance Am I Entitled To?
The amount of severance pay an employee is entitled to will vary from person to person as each employee is different. There are provincial laws that outline what an employee is entitled to at a minimum, but in many cases, employees are entitled to more compensation than is set out in these guidelines. There are many factors that will affect the amount of money an employee is entitled to. Your time with the employer, salary, role, experience, and the availability of similar employment will all play a role in the amount of severance pay you are entitled to. For example, if you have been with a company for 25 years, you will likely be entitled to more severance pay than an employee with less time with the company. All of the above factors play a unique role in the amount of severance pay any employee will be entitled to. To get the maximum amount of severance pay available to you, it is a good idea to speak with a qualified and experienced employment lawyer.
Will I Get Severance Pay if I am a Unionized Employee?
If you are a unionized employee, any severance pay entitlements would be set and explained in your collective bargaining agreement. You will need to contact your union representative or union office directly for information on your specific collective bargaining agreement. You may also wish to consult with an experienced labour lawyer to ensure you are getting the full amount of your entitlements as a unionized employee.
When Should I Consider Contacting an Employment Lawyer?
If you are considering obtaining the assistance of an employment lawyer after you have been dismissed from your current employment, it is important that you act soon after your dismissal. You are not required to accept the package that is first presented to you by your employer. Consulting with an experienced employment lawyer may help you to determine whether or not you should seek more from your severance package.
Consider booking a free consultation with the expert severance lawyers at Soni Law Firm. We are here to help you protect your rights as an employee and ensure you obtain a fair severance package that you are entitled to.