Private school teachers in Canada can be entitled to severance pay when they lose their jobs. If you’ve been fired, laid off or told your teaching contract won’t be renewed, you could be owed considerably more than your school has offered.
Your rights depend on your employment contract, how long you’ve worked at the school and the circumstances surrounding your dismissal.
? Private School Teacher Severance: Non-unionized teachers in Ontario, Alberta and British Columbia may qualify for substantial compensation when their employment ends. Depending on the circumstances, severance can reach 24 months’ pay. Don’t sign a release before checking your rights.
On This Page:
- 1. Do Teachers Get Severance?
- 2. How Much Severance?
- 3. Teaching Contracts
- 4. Termination & Non-Renewal
- 5. What Teachers Should Do
Do Private School Teachers Get Severance Pay?
Yes. Private school teachers can be entitled to severance pay when their employment is terminated without cause.
Unlike many public school teachers, private school teachers are often non-unionized and may have additional rights under employment contracts and common law.
In Ontario, the employment standards exemption for teachers employed by school boards does not automatically apply to private school teachers. Different rules may apply in Alberta and BC.
If you’re unionized, your collective agreement and union grievance process generally determine how termination disputes are handled.
How Much Severance Pay Can a Private School Teacher Get?
There’s no automatic formula based on your years of teaching. Your full severance entitlement can be significantly higher than the minimum amount required by employment standards legislation.
Important factors include:
- Age: Older teachers may face greater difficulty finding comparable employment.
- Length of Service: Long-term employment and repeated contract renewals can matter.
- Position: Your teaching responsibilities, specialization and seniority.
- Job Opportunities: The availability of comparable teaching positions.
- Employment Contract: Whether enforceable terms limit your severance rights.
A proper severance package may also account for benefits and other compensation, not just salary. It could be as much as 24 months’ pay.
Learn more about severance pay in Canada or use our free Severance Pay Calculator for an initial estimate.
Does a Teaching Contract Limit Your Severance?
Not necessarily. Many private school teachers sign annual or fixed-term contracts. However, signing a contract doesn’t automatically eliminate your severance rights.
Your entitlement may depend on whether:
- Your contract has a valid termination clause
- You’ve worked under repeatedly renewed contracts
- Your employer ends the contract before its expiry date
- Your employment has become indefinite despite the contract wording
An improperly terminated fixed-term contract can create significant compensation rights. However, a valid contract that ends on its agreed expiry date may not require additional notice or severance.
Read our guide to employment contracts in Canada.
Can a Private School Fire a Teacher During the School Year?
Yes, but terminating a teacher’s employment can trigger substantial compensation obligations.
A school may dismiss a teacher without cause, provided it meets its legal obligations. Allegations of misconduct don’t automatically eliminate severance rights.
The timing of a dismissal can also matter. Finding comparable teaching work partway through the school year may be difficult and can affect the assessment of reasonable notice.
What If Your Teaching Contract Isn’t Renewed?
A school deciding not to renew your contract doesn’t always mean you’re entitled to severance. A genuinely fixed-term agreement may simply expire.
However, repeated renewals, the school’s previous practices and the wording of your contract can change the outcome.
Don’t assume that being told your contract has ended means you have no claim.
What If Your School Closes or Cuts Your Hours?
A school closure doesn’t automatically eliminate severance obligations. Teachers who lose their jobs may still be entitled to termination compensation.
A significant reduction in your pay, teaching hours or responsibilities may also amount to constructive dismissal, depending on your contract and circumstances.
⚠️ Don’t Resign or Sign Away Your Rights: If your school cuts your hours, refuses to renew your contract or offers a severance package, have your situation reviewed before accepting the change or signing a release.
What Should Private School Teachers Do After Losing Their Jobs?
- Keep your employment contracts. Save all agreements, renewals and termination letters.
- Don’t accept the first severance offer. Your school may be offering less than your full entitlement.
- Check your compensation. Include salary, benefits and other applicable payments.
- Get legal advice. Have your contract and severance reviewed before signing anything.
Get the Severance Pay You’re Owed
If you’ve lost your teaching position at a private school, Samfiru Tumarkin LLP can help you understand your rights and pursue the compensation you’re owed.
Our employment lawyers represent non-unionized employees across Ontario, Alberta and British Columbia.
Before you sign, always check first.