Should I negotiate my own severance package in Ontario?

In Ontario, you shouldn’t negotiate your severance package on your own, as you risk putting yourself in a worse-off position.

Negotiating severance on your own can be challenging due to the complexities of the province’s employment laws.

Employers, often equipped with legal counsel, may offer less favourable terms if they determine that an employee doesn’t have legal representation.

Here are the top three reasons you should let the employment law team at Samfiru Tumarkin LLP help you secure the correct amount of severance from your boss.

1. We know how to properly calculate severance pay

To date, Canadian courts have considered more than 100 factors when determining how much severance pay non-unionized employees should receive. A skilled employment lawyer understands what those factors are, if they apply to your unique situation, and how they impact your severance package.

When non-unionized employees are fired without cause or let go, it’s unlikely that their company will initially provide them with a fair severance package. In Ontario, severance can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using a variety of factors, including your:

• Age
• Length of service
• Position at the company
• Ability to find new work
• Clauses in your Ontario employment contract

An experienced employment lawyer at Samfiru Tumarkin LLP can review the unique circumstances of your case and help you secure the compensation you deserve.

LEARN MORE
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees
• Severance pay in a recession

2. We can secure a fair severance package fast

In many cases, employers won’t provide non-unionized workers in Ontario with their severance entitlements voluntarily. Instead, they look for ways to delay the process.

Once Samfiru Tumarkin LLP is formally hired to represent you, our lawyers will ensure that your boss takes your case seriously and deals with it promptly.

If your employer doesn’t provide you with a fair severance package in a timely manner, we can help you file a wrongful dismissal claim.

SEE ALSO
• Employment Law Show: Wrongful dismissals in Canada
• Employment Law Show: Situations that trigger legal disputes

WATCH: Employment lawyer Lior Samfiru explains five things employees shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

3. We can help you determine if you are entitled to more than a severance package

Every employment matter is unique. There might be other issues that need to be addressed during severance negotiations, such as dishonesty by your employer, or harassment and discrimination at work.

• Example: During severance negotiations, it’s determined that a 13-year employee at a software company in Toronto was fired due to her religious beliefs. Since the reason for her dismissal is discriminatory, the worker’s lawyer informed her that she is entitled to full severance pay, human rights damages, and potentially reinstatement to her previous position with full back pay.

An experienced Ontario employment lawyer at Samfiru Tumarkin LLP can review your situation, identify potential issues, and inform you of your legal options.

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• Can I get my job back if I am fired?
• HRTO orders Imperial Oil to pay $120K to worker it didn’t hire

My employer is pressuring me to sign my severance offer immediately, what should I do?

Many non-unionized workers in Ontario believe that they have to sign a severance offer from their employer immediately. However, this isn’t true.

Your boss can’t legally force you to accept any offer before leaving a termination meeting or a few days after receiving it.

If your company provides you with a severance offer, don’t sign anything before speaking with an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. Your employer is legally obligated to provide you with the minimum amount of severance pay required under Ontario’s Employment Standards Act, 2000 (ESA).

If you don’t receive any compensation from your boss after refusing their initial offer, it’s very likely that you could file a wrongful dismissal claim to obtain proper severance.

SEE ALSO
• Employment Law Show: You’re still owed severance if…
• Employment Law Show: What your employer legally can’t do

Received a severance offer? Speak with an employment lawyer

Before accepting any severance offer from your employer, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto and Ottawa, representing individuals across Ontario, can review the agreement and ensure that you receive the compensation you are legally entitled to.