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Are You Entitled to a Severance Package in Toronto?

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Losing a job can be stressful, especially when it’s unexpected. In Toronto, many employees wonder if they’re entitled to a severance package and what exactly that includes. The answer depends on various factors, including your employment contract, how long you’ve worked, and the reason for your termination.

This guide will help you understand your rights to severance pay in Toronto and what steps to take if you believe you’re not receiving fair compensation after job termination.

What is a Severance Package?

A severance package is a form of compensation offered to employees when their job is terminated without cause. It typically includes:

 

  • Severance pay
  • Notice or pay in lieu of notice
  • Accrued vacation pay
  • Benefits continuation
  • Reference letters or job search support

While not every employer is legally required to offer a severance package beyond minimum employment standards, many do—especially in Toronto—either because it’s part of a contract or to avoid legal disputes.

Difference Between Severance Pay and Termination Pay

In Ontario, and by extension Toronto, it’s important to distinguish between termination pay and severance pay:

  • Termination Pay: This is the compensation an employer must provide if they don’t give the employee proper working notice before ending their employment.

  • Severance Pay: This is an additional amount provided to long-term employees in specific circumstances under the Ontario Employment Standards Act (ESA). It’s meant to compensate for the loss of long-service employment.

Some people use the term “severance package” to mean any compensation after job loss, but legally, it’s a combination of different entitlements.

Legal Entitlements Under the Employment Standards Act (ESA)

Under Ontario’s ESA, you may be entitled to severance pay if:

  1. You have been employed for 5 years or more, and
  2. The employer has a global payroll of at least $2.5 million, or
  3. The termination is part of a mass layoff (50 or more employees in a 6-month period)

If eligible, severance pay is calculated as 1 week’s pay per year of service, up to a maximum of 26 weeks.

Example:

If you worked for a company for 10 years and your employer has a payroll of $3 million, you would be entitled to:

10 weeks of severance pay + any termination notice/pay in lieu of notice + vacation pay

What About Common Law Severance?

In addition to the minimum standards under the ESA, employees may be entitled to common law severance, which can be significantly more generous.

At common law (developed through court decisions), employees can receive severance ranging from 1 to 4 weeks per year of service, depending on factors like:

  • Age
  • Position or job duties
  • Length of service
  • Availability of similar employment

For instance, a 60-year-old manager who worked for 20 years could be entitled to up to 24 months of severance under common law, far exceeding ESA standards.

When Are You Not Entitled to Severance?

Not every job loss results in severance entitlement. You may not receive a severance package if:

  • You were terminated with cause (e.g., theft, dishonesty, gross misconduct)
  • You voluntarily resigned
  • Your job ended due to a fixed-term contract completion
  • You’re a federally regulated employee governed by different rules (e.g., banking or telecom sectors)

However, employers must meet a high legal standard to terminate someone “with cause.” Wrongful termination claims often arise when employers misclassify dismissals.

Severance in the Case of Constructive Dismissal

Sometimes, an employer doesn’t directly fire you but changes your job drastically—reducing your hours, changing your location, cutting your salary, or creating a toxic work environment. This is called constructive dismissal.

If you’re forced to leave under such conditions, it can be considered a termination under the law, and you may be entitled to severance just like in a traditional layoff.

Always seek legal advice before resigning in such cases to protect your severance rights.

How Severance Pay is Calculated in Toronto

In Toronto, employers must calculate severance according to either:

  1. Employment Standards Act (ESA) minimums
  2. Common law entitlements (if not limited by a contract)

Employers sometimes offer a lump sum or continuation of salary over a notice period. The final amount may include:

  • Base salary
  • Bonuses
  • Commissions
  • Benefits
  • Vacation pay

If your severance offer is missing components of your usual compensation, it may be inadequate.

Do You Need to Accept the First Severance Offer?

No. Many employees wrongly believe they must accept the initial severance offer. In reality, you have the right to review, negotiate, or reject it.

You should take time to:

  • Review the offer carefully
  • Check if the offer meets ESA minimums and possibly common law entitlements
  • Understand if you’re giving up any legal rights by signing a release

This is where a legal professional, such as a Toronto employment lawyer, can provide essential guidance. Many employers present lower offers hoping employees won’t challenge them.

Severance and Employment Contracts

Your entitlement to severance can also be affected by the employment contract you signed. If it includes a termination clause that limits your severance to ESA minimums, you might not qualify for common law compensation.

However, not all contracts are enforceable. Courts often invalidate termination clauses that are:

  • Vague or unclear
  • Inconsistent with ESA protections
  • Poorly drafted

If your severance has been limited by a contract, it’s still worth having it reviewed by a legal expert.

Severance for Part-Time, Contract, or Temporary Workers

Many assume only full-time, permanent workers qualify for severance. This is a myth. In Ontario:

  • Part-time employees are often entitled to the same notice and severance as full-time workers, based on years of service.
  • Contract employees may also qualify unless the contract clearly defines a limited term.
  • Temporary workers may still be protected under ESA rules if employed continuously or under repeated contracts.

Length and consistency of service, not just job title, determine severance entitlements.

What to Do If You’re Denied Severance

If your employer denies severance or offers less than what you’re entitled to, you can:

  1. Request a written explanation
  2. File a claim with the Ministry of Labour (within 2 years)
  3. Consult a legal professional
  4. Negotiate or pursue legal action for wrongful dismissal

Acting quickly is crucial, as legal deadlines apply. Don’t sign anything under pressure without knowing your rights.

Final Thoughts

Understanding whether you’re entitled to a severance package in Toronto depends on your employment history, contract terms, and how your employment ended. If you’re unsure about what you’re owed, taking proactive steps—such as reviewing your contract, calculating your entitlements, and seeking legal advice—can make a significant difference in your financial outcome.

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