A severance pay lawyer in Hamilton reviews your termination package, calculates the compensation you are legally owed and negotiates for more if your employer’s offer is too low.
If you were fired without cause, your employer must provide proper notice or compensation. Ontario’s Employment Standards Act sets minimum entitlements, but those minimums are not necessarily your full severance. Many non-unionized employees are owed substantially more under common law.
Don’t assume the amount in your termination letter is correct. Before signing a severance agreement or release, have your employment contract and complete compensation package reviewed.
On This Page:
- 1. When to Call a Severance Pay Lawyer
- 2. How Much Severance Are You Owed?
- 3. ESA vs. Common-Law Severance
- 4. What Should a Lawyer Review?
- 5. Can You Negotiate Severance?
- 6. What to Do After Being Fired
When Should You Call a Severance Pay Lawyer in Hamilton?
You should speak with a severance pay lawyer before accepting your employer’s termination package or signing a release.
A legal review is especially important if:
- You were offered only a few weeks of pay
- Your employer says the offer is “standard” or “final”
- You are an older or long-service employee
- You earned bonuses, commissions, benefits or other compensation
- Your employer says your contract limits what you are owed
- You were given only a few days to sign
- You were fired for cause and received little or no severance
You don’t need to wait until there is a dispute. The best time to review a severance package is before you sign away the right to challenge it.
How Much Severance Are You Owed in Hamilton?
There is no one-week-per-year formula for your full severance entitlement in Ontario.
For many non-unionized employees, common-law severance depends on factors including:
- Your age
- Your length of service
- Your position and responsibilities
- The availability of similar employment
- Your employment contract
- Your complete compensation package
Depending on factors such as age, position, length of service and the availability of similar employment, common-law severance can reach 24 months’ pay.
Your package can also include more than base salary. Bonuses, commissions, benefits and other compensation can form part of what you are owed during the notice period.
For the complete legal framework, read our guide to severance pay in Ontario.
Do older employees get more severance?
Age can increase a severance entitlement when it is likely to make finding comparable employment more difficult.
Age is not considered alone. Courts assess it together with your length of service, position and the availability of similar work.
Does a short-service employee get severance?
Yes. Short service does not automatically mean little or no common-law severance.
A relatively new employee can still have a meaningful entitlement depending on their age, position, employment contract and difficulty finding comparable work.
ESA Severance Pay vs. Common-Law Severance
Ontario’s statutory severance pay is not the same thing as the full severance package many non-unionized employees can receive under common law.
Under the Employment Standards Act, there are two separate minimum termination entitlements:
- Termination pay: Pay provided instead of the minimum working notice an eligible employee should have received.
- Statutory severance pay: A separate entitlement available to certain employees who meet the ESA requirements.
To qualify for ESA severance pay, an employee generally needs at least five years of service and must also satisfy the applicable employer payroll or permanent-closure requirement. ESA severance pay is capped at 26 weeks.
But that does not mean an employee who fails to qualify for statutory severance gets nothing beyond termination pay. Many non-unionized employees still have much greater common-law reasonable-notice rights.
Our guide to termination pay vs. severance pay in Ontario explains the difference in more detail.
What Should a Hamilton Severance Pay Lawyer Review?
A proper severance review looks at the entire termination—not just the number of weeks offered.
Your employment contract
The termination language in your employment contract can have a major effect on your severance. If an enforceable clause properly limits your entitlement, common-law notice can be reduced.
But don’t assume a clause is enforceable simply because you signed the contract. Ontario termination provisions must comply with current law.
Your full compensation
Your severance package can involve more than salary, including:
- Bonuses
- Commissions
- Health and dental benefits
- Pension or RRSP contributions
- Equity or stock-based compensation
- Other regular compensation
The release and conditions
An enhanced severance offer usually requires you to sign a release that ends your ability to bring legal claims against the employer.
The package can also contain confidentiality, non-disparagement and other conditions. Understand what you are giving up before signing.
Why you were terminated
The circumstances of your dismissal can create additional issues. A cause allegation, discrimination, disability, protected leave or another workplace problem can affect the legal analysis and your available remedies.
Can You Negotiate Severance Pay in Hamilton?
Yes. Your employer’s first severance offer does not determine your full legal entitlement.
If the package is too low, a lawyer can identify the shortfall, explain the legal basis for additional compensation and negotiate directly with your former employer or its lawyers.
A strong negotiation starts with knowing what the termination is actually worth—not simply asking the employer for a larger number.
Learn more about negotiating a severance package in Ontario.
What if your employer says the severance offer is final?
Calling an offer “final” does not make an inadequate severance package legally sufficient.
If you are legally owed more, your employer’s position does not erase that entitlement. The appropriate next step depends on your contract, the value of the shortfall and the circumstances of the termination.
What if you were fired for cause?
Don’t assume you are owed nothing simply because your employer says you were fired for cause.
Cause is a serious legal finding. Not every mistake, performance problem or act of misconduct allows an employer to terminate an employee without compensation.
If the employer can’t establish cause in Ontario, you can be entitled to the severance that should have been paid.
What Should You Do After Being Fired in Hamilton?
Take the documents home, don’t sign the release and determine your full severance entitlement before accepting the offer.
After a termination:
- Keep your termination package. Save the letter, severance offer, release and attachments.
- Find your employment contract. Keep older versions if your agreement changed during your employment.
- Collect compensation records. Gather pay statements, bonus plans, commission agreements and benefits information.
- Apply for EI promptly. You don’t need to wait until the severance issue is resolved.
- Make reasonable efforts to find comparable work. This can be important to a common-law severance claim.
- Get the package reviewed before signing.
What if your severance package is too low?
If your employer failed to provide the notice or compensation you are legally owed, you can have a wrongful dismissal claim.
Our wrongful dismissal lawyers in Hamilton can assess the termination and pursue the compensation that should have been provided.
Why Choose Samfiru Tumarkin LLP for a Severance Package Review?
Samfiru Tumarkin LLP’s employment lawyers in Hamilton help non-unionized employees understand, negotiate and improve severance packages.
Our employment-law team regularly handles termination, severance, wrongful dismissal and employment-contract disputes for employees at every level—from hourly and salaried workers to managers and senior executives.
Our role is straightforward: determine what you are owed, explain your options clearly and pursue the compensation you are entitled to receive.
Severance Pay Lawyer Hamilton: Frequently Asked Questions
Do I need a lawyer to review my severance?
You are not legally required to hire a lawyer, but you should know your full entitlement before signing a release. A review can determine whether your employer’s package properly reflects your contract and common-law rights.
Is severance one week per year of service?
No. One week per year is not the formula for common-law severance in Ontario. Your age, position, length of service and the availability of similar employment are important factors.
Can severance reach 24 months?
Yes. Common-law severance can reach 24 months’ pay in appropriate cases. The actual amount depends on your individual circumstances and any enforceable employment contract.
Can I negotiate my severance package?
Yes. An employer’s first offer does not determine your legal entitlement. Determine what you are owed before making a counteroffer or signing a release.
Do I have to meet the deadline in my severance letter?
No. A short signing deadline imposed by your employer is not your legal deadline for pursuing severance. Take the time needed to understand the package before giving up your rights.
Speak With a Severance Pay Lawyer in Hamilton
Your employer prepared the severance offer. That doesn’t mean the amount represents everything you are legally owed.
Samfiru Tumarkin LLP helps non-unionized employees in Hamilton and surrounding communities review termination packages, calculate their full severance entitlement and pursue additional compensation when an offer falls short.
Before you sign the release, find out what your employment is actually worth.