How to Negotiate Severance in Canada
Can Severance Be Negotiated in Canada?
Yes. In Canada, most non-unionized employees can negotiate their severance package after being terminated from their job.
In fact, many initial severance offers are lower than what employees may be legally entitled to, and employers often expect some level of negotiation. That said, employment law in Canada is governed provincially, which means the rules around severance, notice, and termination vary depending on where you work.
This guide explains how severance negotiation generally works in Canada — and where to find province-specific guidance for your situation.
Why Employers Expect Severance Negotiation
In many cases, an employer’s first severance offer is not their best offer. Employers often:
- Start with the minimum amount they believe an employee may accept
- Rely on employees feeling pressured to sign quickly
- Assume the employee does not know their full legal rights
Negotiation is a normal part of the severance process, especially for long-term employees, managers, professionals, and older workers.
When Does It Make Sense to Negotiate Severance?
Negotiating severance may make sense if:
- You were employed for several years or more
- You held a senior or specialized role
- You were terminated without cause
- Your severance offer seems low compared to your age, role, or tenure
- You were asked to sign a release quickly
Even when a termination is legal, the amount of severance offered may still be inadequate.
Common Severance Negotiation Mistakes
Employees often harm their position by:
- Signing a severance package too quickly
- Negotiating directly with HR without legal advice
- Focusing only on salary, not benefits or bonuses
- Missing deadlines that affect their legal options
Because severance rights are legal rights, negotiation is often most effective before anything is signed.
Employment Law Is Provincial — Why That Matters
Although severance negotiation is common across Canada, employment standards and common-law entitlements differ by province.
For example:
- Notice requirements
- Severance calculations
- Limitation periods
- Enforcement options
all depend on where you work, not where your employer is headquartered.
For that reason, severance negotiation advice should always be province-specific.
How to Negotiate Severance by Province
For step-by-step guidance tailored to your province, see the appropriate guide below:
- 👉 How to Negotiate Severance in Ontario
- 👉 How to Negotiate Severance in British Columbia
- 👉 How to Negotiate Severance in Alberta
Each guide explains:
- How severance works in that province
- What factors affect severance amounts
- How negotiation typically unfolds
- When legal advice is recommended
Do You Need a Lawyer to Negotiate Severance?
You are not legally required to have a lawyer to negotiate severance. However, many employees choose to speak with an employment lawyer because:
- Severance entitlements are often underestimate
- Employers are advised by their own legal teams
- A lawyer can identify issues you may not see (such as wrongful dismissal or reprisal concerns)
Getting advice early can help you understand whether negotiation is worthwhile — and what a fair outcome looks like.
Key Takeaway
Severance negotiation is common in Canada, but your legal rights depend on your province.
Understanding the general principles is a good starting point — but for accurate guidance, it’s important to review the rules that apply where you work.