What Is Severance Pay ontario? Definition and Why It’s Offered

Severance Pay ontario

The loss of a job is always a difficult experience, whether you saw it coming or not. The uncertainty of where you’ll work next, and how you’ll cover your expenses in the interim, can add to the stress and anxiety associated with losing a position. In some cases, your employer may offer you severance pay ontario as part of your separation from the company. Understanding what this means, and whether you’re entitled to it, is important if you’re considering accepting an offer for this benefit.

The minimum amount of severance pay Ontario you’re entitled to receive as an employee in Ontario is set by the Employment Standards Act (ESA). The ESA states that employers who terminate an employee without cause must provide that employee with their statutory severance package, which is one week of regular wages for each year of service, up to a maximum of 26 weeks.

This is a minimal standard and many large corporations have clauses in their employment contracts that guarantee them a higher level of severance package when they’re fired. Similarly, some smaller businesses have written policies that they use to determine severance packages for their employees in the event of involuntary termination.

What Is Severance Pay ontario? Definition and Why It’s Offered

Often, severance packages are comprised of more than just your regular wages. A severance package can include vacation pay, sick days, overtime, health and dental benefits, car allowances, commissions, bonuses, and more. In some cases, a contract can stipulate that only certain forms of compensation can be included in a severance package. In most cases, however, all compensation owed to the employee is included in a severance package.

Another factor that influences severance package size is your years of employment with the company. Some companies have clauses in their employment contracts that require them to only consider the past five years of employment when calculating your severance pay. While this does mean that you’ll be able to get the minimum severance pay from an employer, other companies will take into account all periods of employment for their calculation.

Your severance package is also subject to income tax, so you’ll need to be sure you have enough in your bank account to cover the taxes that will be deducted from it. It’s also important to keep in mind that if you receive a severance package, it may not be enough to cover your living costs for the duration of your notice period. Therefore, it’s usually a good idea to try and secure an employment contract for the same amount of money in the future before you accept a severance package.

If you’re offered a severance package, it’s generally a good idea to consult with an experienced employment lawyer. They can help you understand the complexities of your situation and negotiate with your former employer to get the best possible outcome. If you’re not satisfied with the terms of your severance package, they can also help you file a wrongful dismissal claim against your former employer for unpaid severance.