When non-unionized employees in Ontario are fired without cause or let go by their boss, they must receive a severance package.
Severance in the province can be as much as 24 months’ pay. The amount of compensation that an individual is entitled to is calculated using a variety of factors, including age, length of service, position at the company and their ability to find new work.
Unfortunately, many Ontarians are unaware of their right to severance – putting them at risk of not receiving the compensation they are owed.
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Several of my clients were shocked when I informed them that their employer was legally obligated to give them a severance package. They believed that their company ultimately got to decide whether to provide one.
If your boss refuses to give you a severance package after you are fired or let go, here are three things you need to do.
1. Remain calm and professional
After learning that you won’t be receiving any severance pay, it can be extremely tempting to lash out at your employer.
However, remaining calm is one of the best things you can do in this situation.
Getting angry or doing something to negatively affect the company could put your right to severance at risk. Don’t give your boss a reason to deny you the compensation you deserve.
READ MORE: 5 things employees should never do before talking to an employment lawyer
Following your termination meeting, continue to be professional and contact an experienced employment lawyer at Samfiru Tumarkin LLP.
We can review your situation, assess your legal options and help you secure the severance package that you are legally entitled to.
2. Review your employment contract
It’s not uncommon for employers in Ontario to include a termination clause in their employment contracts.
While this provision doesn’t excuse companies from providing severance pay, it can limit the amount of compensation that non-unionized workers are owed when they are fired or let go.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
After decades of reviewing employment contracts, I have found that many agreements are unenforceable – failing to hold up in a court of law for various reasons.
My firm can determine if your employment contract is legally enforceable and advise you of potential next steps if it isn’t.
3. Contact us
If you are fired or let go, and your boss refuses to provide you with a severance package, contact the experienced employment law team at Samfiru Tumarkin LLP.
We have helped tens of thousands of non-unionized employees in Ontario enforce their rights and obtain the compensation that they are legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of my clients, a data engineer in Toronto, received a phone call from his manager – informing him that he was being let go as part of a “company-wide restructuring.”
During his termination meeting, he asked his employer when he should expect his severance offer to arrive. To his surprise, his boss told him that the company wouldn’t be providing him with one.
Resisting the urge to lash out at his manager, the employee continued to be respectful and professional. Following the meeting, he contacted Samfiru Tumarkin LLP.
Shocked by the situation myself, I informed the worker that he was well within his rights to claim wrongful dismissal and pursue full severance pay.
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Not long after, I was able to secure a comprehensive severance package for the data engineer.
Boss refuses to provide severance pay? Not sure if you’ve been wrongfully dismissed?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta and British Columbia. Get the advice you need — and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.