A severance lawyer in Milton reviews your termination package, calculates the compensation you are legally owed and negotiates for more when your employer’s offer falls short.

If you were fired without cause, your employer must provide proper notice or compensation. Ontario’s Employment Standards Act sets minimum rights, but those minimums are not necessarily your full severance entitlement. 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.

⚠️ Your employer’s signing deadline is not your legal deadline. Being given two, three or five days to accept a severance package does not erase your rights. Once you sign a valid release, however, you usually can’t go back for more.

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When Should You Call a Severance Lawyer in Milton?

You should speak with a severance lawyer before accepting your employer’s termination package or signing a release.

A review is especially important if:

  • Your employer offered only a few weeks of pay
  • You were told the package is “standard,” “final” or “non-negotiable”
  • 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 offered little or nothing

You don’t need to wait until there is a legal dispute. The best time to review a severance package is before you give up the right to challenge it.

How Much Severance Are You Owed in Milton?

Your full severance entitlement is not automatically one week per year of service.

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 entitlement can also include more than base salary. Bonuses, commissions, benefits and other regular compensation can form part of what you are owed during the notice period.

For a complete explanation of how entitlements are determined, read our guide to severance pay in Ontario.

? Ontario employment standards provide minimum termination rights. They do not automatically determine the full severance owed to a non-unionized employee.

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 how difficult it is likely to be to find comparable work.

Do older employees get more severance?

Age can increase a severance entitlement when it contributes to greater difficulty finding comparable employment.

It is considered together with factors such as length of service, position and the availability of similar work.

ESA Severance Pay vs. Common-Law Severance

Ontario’s statutory severance pay is not the same as the full severance package many non-unionized employees can receive under common law.

Under Ontario’s Employment Standards Act, termination pay and statutory severance pay are separate minimum entitlements.

Statutory severance pay generally applies when an employee has at least five years of service and the employer also meets the applicable $2.5-million payroll or permanent-closure requirement. ESA severance pay is capped at 26 weeks.

But failing to qualify for statutory severance pay does not mean you have no common-law severance rights. Many non-unionized employees with less than five years of service can still be entitled to significant compensation.

Our guide to termination pay vs. severance pay in Ontario explains this distinction in more detail.

⚠️ If HR says you “don’t qualify for severance” because you have less than five years of service, don’t assume that means you have no common-law entitlement. These are different legal rights.

What Should a Milton Severance Lawyer Review?

A proper severance review considers your entire termination—not simply the number of weeks listed in the offer.

Your employment contract

Your employment contract can have a major effect on your severance. An enforceable termination clause in Ontario can limit common-law rights, while an unenforceable clause can leave you entitled to significantly more compensation.

Don’t assume the clause is valid simply because you signed the agreement. Read more about employment contracts in Ontario.

Your complete compensation

Depending on your employment terms, your severance entitlement can involve:

  • Salary or regular wages
  • Bonuses
  • Commissions
  • Health and dental benefits
  • Pension or RRSP contributions
  • Equity or stock-based compensation
  • Other regular compensation

The release and other conditions

An enhanced severance offer usually requires you to sign a release giving up legal claims against your employer. The package can also contain confidentiality, non-disparagement and other conditions that should be understood before you sign.

Can You Negotiate Severance in Milton?

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 employer or its lawyers.

A strong negotiation begins by determining what the termination is actually worth—not simply asking for a larger number.

Learn more about negotiating a severance package in Ontario.

What if your employer says the offer is final?

Calling a severance offer “final” does not make an inadequate package legally sufficient.

If you are legally owed more, the employer’s refusal to voluntarily increase its offer does not erase that entitlement.

What if you were fired for cause?

Don’t assume you are owed nothing simply because your employer alleges cause.

Cause is a serious legal finding. Not every mistake, performance problem or act of misconduct allows an employer to dismiss you without compensation.

If the employer can’t establish cause, you can be entitled to the severance that should have been paid. Learn more about Termination With Cause Ontario.

What Should You Do After Being Fired in Milton?

Take the documents home, don’t sign the release and determine your full entitlement before accepting the offer.

  • Keep the complete termination package. Save the letter, offer, release and attachments.
  • Find your employment contract. Keep older versions if your agreement changed over time.
  • Collect compensation records. Gather pay statements, bonus plans, commission agreements and benefits information.
  • Apply for EI promptly. You don’t need to wait for the severance negotiation to finish.
  • Make reasonable efforts to find comparable work. This can be important to a common-law severance claim.
  • Have the package reviewed before signing.

What if the 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.

Read our guide to wrongful dismissal in Ontario to understand when an inadequate termination package can lead to a claim.

Severance Lawyer Milton: 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 offer properly reflects your contract and common-law rights.

Is severance one week per year worked?

No. One week per year is not the formula for common-law severance in Ontario. Age, position, length of service and the availability of comparable work are among the important factors.

Can severance reach 24 months?

Yes. Common-law severance can reach 24 months’ pay in appropriate cases. Your individual circumstances and any enforceable employment contract determine the actual amount.

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 employer-imposed signing deadline is not your legal deadline for pursuing proper severance. Take the time needed to understand the package before giving up your rights.

⚠️ Unionized? Severance and termination disputes must be handled through your union and the grievance process. Our employment law team can’t assist with unionized workplace disputes.

Speak With a Severance Lawyer in Milton

Samfiru Tumarkin LLP’s employment lawyers in Milton help non-unionized employees review severance packages, challenge inadequate offers and pursue the compensation they are owed.

Our employment-law team regularly assists hourly and salaried employees, professionals, managers and executives with termination, severance, wrongful dismissal and employment-contract disputes.

Your employer prepared the severance offer. That doesn’t mean the amount represents everything you are legally owed.

Before you sign the release, find out what your employment is actually worth.

Offered Severance in Milton?

Don’t sign until you know what you are actually owed. Have your termination package reviewed first.

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