Do seasonal workers get severance pay?

Yes, seasonal workers get severance pay when they are fired or lose their job. It can be a minimum of a few weeks pay to 24 months of full severance pay. It is no different than any other salaried or hourly employee in Canada.

Generally speaking, if an employee works for an employer year after year, for a specific period, resuming the same tasks and job duties every year, an employee-employer relationship is formed. That relationship becomes a term of their employment. It does not matter if the employee is considered permanent, part-time, full-time, fixed-term, or seasonal, so long as the employer has continued to employ the person annually, on a continual basis.

Once the employee is fired or let go, the business is legally obligated to provide the individual with severance pay.

Employers have an obligation to provide seasonal or fixed-term workers with severance. The timing of the termination does not matter. An employee may be let go:

• During the off-season;
• Before returning to work for the season; or
• At the end of the season

They could even let them go while they are working the seasonal job. But once the company ends the working relationship, the employee must receive a severance package.

Seasonal workers recalled to a different position

An employer can’t bring a seasonal worker back to the workplace in a different position, with different duties or at less pay. A company does not have the right to make significant modifications to the terms of your job without your consent. If you are being recalled to a different position, or at a lower rate of pay, you may be able to make a case for constructive dismissal. Making a claim for constructive dismissal means you can leave your job with all the severance you’re owed.

Contact our firm and get legal advice as soon as you are notified of a change to your seasonal job. Our employment lawyers and paralegals in Ontario, Alberta, and British Columbia have helped tens of thousands of Canadians enforce their employment rights and secure fair compensation.

How severance pay works for seasonal workers

Seasonal employees can receive as much as 24 months of severance pay at the time of their termination. The amount depends on several factors. These include an employee’s:

• Age
• Length of service
• Type of job
• If the employee works in a specialized industry

If the individual does work in a specialized job or industry, they may be entitled to additional compensation. That’s because it can be harder to find new employment in niche industries.

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If you have lost your job and not are offered an adequate amount of severance, it’s best to speak to an employment lawyer or paralegal at Samfiru Tumarkin LLP. We can review the facts of your termination, determine if you have been wrongfully dismissed, and secure as much as 24 months of severance pay.

When can a seasonal worker seek severance?

If you have not been offered re-employment at your reoccurring seasonal job, or you have been advised that your job has been terminated through either a termination without cause or for cause, you may be entitled to severance pay.

How a lawyer or paralegal can help

Upon termination, contact us immediately to obtain your full severance entitlements. A fired employee has two years from the moment they lost their job to seek their full severance rights. Contact a lawyer or paralegal at Samfiru Tumarkin LLP today.