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Severance Pay Ultimate Guide

  How Much Severance Pay After Termination?

Reading Time for Employment Lawyer Consultation Ultimate Guide

Read Time: 35 - 45 mins

This is the ultimate guide to Severance Pay and a complete guide regarding suing for severance pay.

According to the Government of Canada, Severance pay is money paid to you by your employer when you lose your employment through no fault of your own. If you think you may have been paid less than your fair share after termination, you might be considering suing for reasonable notice under the common law principles of wrongful dismissal, or constructive dismissal or suing for severance pay and termination pay under ESA. If you're thinking about doing so, keep reading to find out how.

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The amount of severance pay you are entitled to depends on several factors. Common law reasonable notice is the default position unless the employment contract explicitly restrict the employee to Employment Standards Act statutory minimum termination pay and severance pay with employee consent.

As an employer or an employee, it makes sense to consult with severance pay lawyers from time to time especially if you live in the Toronto area. A Severance pay Lawyer is just a phone call away! FREE Initial Consultation.

No-Win-No-Fee for qualified severance pay cases.

Click here to check out the wrongful dismissal ultimate guide - a dismissal claim for those who are wrongfully terminated by their employer.

Click here to check out the constructive dismissal ultimate guide - a dismissal claim for those who are constructively dismissed by their employer.

Questions to Ask a Severeance Pay Lawyer:

Questions to Ask a Constructive Dismissal Lawyer
1 - What is Severance Pay?
1 - What is Wrongful Dismissal?

1 - What is Severance Pay?

Most companies provide a severance agreement that spells out the financial conditions of the employee's departure. In Ontario, a severance package is mandatory. The common everyday usage of the word severance is very different than what it meant in employment law context. How much "severance pay" you are entitled to legally depends on whether you intend to sue under common law or if you intend to file an ESA claim after you have been terminated.

 

How Much Severance Pay Do I Get?

Common Law vs. Employment Standards Act (ESA)

Common Law Severance, also referred to as reasonable notice, share nothing in common to ESA Severance and they mean very different things.

 

The Employment Standards Act breaks down the amount an employee might receive after termination into ESA termination pay (the amount you get depends on how long you have been working for the company) and ESA severance pay (an amount to award long term service employees if certain conditions are met).

 

The Common Law, on the other hand, does not draw a distinction between termination pay and severance pay, and instead award a monetary amount depends on a number of factors.

Common Law vs. Employment Standards Act (ESA) - severance pay

Common Law Severance

The amount an employer is required to give to a terminated employee in the form of a severance package is decided by a variety of factors, such as the length of service, age, reason of termination, position held within the company, wages and compensation previously earned, whether the individual was actively recruited, and the general economy.


It is important to note that under common law in a wrongful dismissal case or a constructive dismissal case, all damages are packaged together and referred to as "reasonable notice".

Entitlements for severance pay package

Entitlements under common law reasonable notice may dramatically exceed the statutory entitlements under ESA. A damage award in a successful case be as high as 24 to 26 months in some extreme cases.

There’s no minimum length of duration an employee needs to work to qualify for Common Law reasonable notice. Unfortunately, Common Law severance is not rocket science, and there’s no clear formula like in the case of ESA Severance. All we can do is comply the quantum of damage by keeping a list of cases involving common law reasonable notice, and then compare each employment law case at hand with the that list.

The amount an employer is required to give to a terminated employee in the form of a severance package is decided by a variety of factors, such as the length of service, age, reason of termination, position held within the company, wages and compensation previously earned, whether the individual was actively recruited, and the general economy.


It is important to note that under common law in a wrongful dismissal case or a constructive dismissal case, all damages are packaged together and referred to as "reasonable notice".

Reasonable Notice Under the Common Law will be discussed in detail in Part 5 below.

Click here to learn more about wrongful dismissal.

 

Click here to learn more about constructive dismissal.

ESA Termination Pay and Severance Pay

ESA Termination Pay and Severance Pay

Under Employment Standards Act (ESA), the entitlement in the form of a severance package is broken up into two components, termination pay and severance pay. Click here to learn more about termination pay from the Ministry of Labour website. Click here to learn more about severance pay from the Ministry of Labour website.

Under most circumstances, entitlements under the common law principles of wrongful dismissal or constructive dismissal are substantially more than those under the ESA.

Severance Pay & Termination Pay Under ESA will be discussed in detail in Part 4 below.

How Soon Do I Get My Severance Package Entitlements After Termination?

How Soon Do I Get My Severance Package Entitlements After Termination?

Deadline to Pay Severance Package Under Employment Standards Act (ESA)

According to the Ministry of Labour:

Employees are entitled to termination pay and severance pay, if applicable, under ESA, seven days after their employment is ended or on their next normal pay day, whichever comes first.

An employer may, however, give severance pay in instalments with the employee's electronic or writing agreement or with the authorization of the Director of Employment Standards, Ministry of Labour, Training, and Skills Development.

A payment plan cannot be extended beyond three years. If an employer fails to make a scheduled severance payment, the employee's whole severance pay is due immediately.

Do note that while severance pay may be made in instalments, termination pay MUST be paid in full within 7 days or the next normal pay day, whichever is later.

Severance Package Under Common Law - Timeline

Timeline - Severance Package Under Common Law

A claim for reasonable notice is usually filed as a wrongful dismissal suite or a constructive dismissal suite in the Superior Court. Litigation is highly unpredictable, and it could take a long time for a case to be decided by the Court.

The majority of cases filed with the court system will be settled at the mediation / settlement stage to reduce costs. We, at HTW Law, will try to negotiate a fair settlement on your behalf the best we can.

At HTW Law, we will litigate zealously on your behalf if the case cannot be settled, but no one can predict how long it will take if it comes down to that.

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If you've been let go from your job and you feel that it wasn't fair, it's vital to speak with a severance pay lawyer as soon as possible.

Time is of the essence - the sooner you reach out to an employment attorney, the easier it will be for your attorney to reach a settlement for you. So you get the hard earned money 💲💲 back to your pocket. 💰

If you've been denied a fair severance package and you're searching for a lawyer who can help you with a case regarding termination without cause, termination for cause, or constructive dismissal under common law, or severance pay and /or termination pay under ESA, we're here to help. Reach out 👐🏾 to HTW Law today so we can help you get the severance package you deserve.

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Time is crucial, and if you wait too long, your prospects of collecting damages will be diminished, and you may even be prohibited from doing so by law.

Call an employment lawyer to book an employment lawyer free consultation as soon as you become aware of an employment law issue.

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Why you Need a Severance Pay Lawyer?
2 - Why you Need a Severance Pay Lawyer?

2 - Why you Need a Severance Pay Lawyer?

If you've been the victim of wrongful dismissal or constructive dismissal, you're not alone. While this time in your life may be terrifying, a Toronto severance pay lawyer can work with you to help you fight back and take control of your life once again.

Why you Need a Severance Pay Lawyer?

If you've been let go from your job, it can be an uncertain and scary time. You may be struggling in figuring out how you're going to pay your bills. You may be searching for another job while trying to juggle between your bills and the child care needs.

While a severance package is not meant to last a lifetime, it is meant to be a helpful stepping stone to help you get started in a new career. A severance compensation package can be a huge asset to your well-being, allowing you to keep on fighting for what you deserve. At HTW Law, we know what to do to maximize your severance payout.

We'll examine the circumstances of your employment and work with you to discover how your employer has denied you a fair severance package. It's key to give us as much details as possible so that we can build a strong case against your employer.

Often, we're able to settle out of Court as we demonstrate to your employer that he or she did something illegal. This can result in your employer offering a settlement, or offering you to have your job back. We'll take care of the back and forth negotiations necessary to get you what you deserve.

severance pay consultation
severance pay support

We understand that going through a wrongful termination in Toronto or a constructive dismissal can be devastating, and we're here to do the works necessary in helping you get your life back. It can be overwhelming in fighting your employer alone. We have the resources necessary in giving you a fighting chance against corporate giants.

If you've been terminated unfairly, it's essential that you reach out for help as soon as possible right away. You DON'T have to fight this alone. Don't wait!! Time is of the essence.

If you've been let go from your job, we're here to assist you. Reaching out to us today to talk with a severance pay lawyer about your case. We handle sensitive employment law clients’ information with care

HTW Law - Employment Lawyer is conveniently located right next to the intersection of Highway 401 and Highway 404 with a huge parking lot. You may view our Google Map here.

FREE initial employment law consultation with an experienced severance pay lawyer for qualified employment law cases!! Call us now at 647-849-6582 or Contact Us Now if you have any inquiry regarding severance pay or you want to book an appointment with us for an no obligation No-Win-No-Fee severance pay lawyer consultation.

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The HTW Law – Severance Pay Lawyer Approach
3 - Why You Need A Wrongful Dismissal Lawyer?

3 - The HTW Law – Severance Pay Lawyer Approach

HTW Law - Employment Lawyer is a full-service employment law firm in Toronto that also offers employment law services near me to residents of various communities.

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Core Beliefs at HTW Law – Employment Lawyer

The HTW Law – Severance Pay Lawyer Approach

At HTW Law - Employment Lawyer, we believe in taking a client-centered approach and are dedicated to developing long-term relationships with our clients while providing employment law services and practical legal advice tailored to their specific needs.

We value every client who visits our employment law Toronto office, even if it is just for a free consultation with an employment lawyer. Our clients aren't just file numbers or cash register receipts; they're living, breathing people in our minds and hearts.

We are not a personal injury firm that also practices employment law because we think it is profitable. We like helping people, which is why we founded HTW Law.

No one at our firm will put a client under pressure to settle an employment law case quickly so that we can laugh all the way to the bank, nor will we make up a plethora of fees and charges and bill you as "out-of-pocket costs."

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We are passionate about employment law and keep ourselves up-to-date by attending seminars, conferences, and staying current on employment law cases and legislation.

We want you to succeed in your employment law litigation because we believe that word-of-mouth advertising based on your success stories is the most effective form of advertising.

It's simple. Good employment law Legal Services = happy client.

The HTW Law – Employment Lawyer Advantage

HTW Law – Employment Lawyer Advantage

At HTW Law – Employment Lawyer, we provided free employment law consultation to employees in need, and we offer no-win, no-fee counsel in the vast majority of employment law cases, which means that we don't get paid unless and until you get paid. You can rest assured that you are in capable hands, especially given that our success is dependent on your recovery.

We are well-versed in employment laws and human rights laws and have extensive experience in various aspects of employment law practice at HTW Law - Employment Lawyer.

If you have been a victim of workplace harassment, workplace discrimination, age discrimination, disability discrimination, marital status discrimination, or other forms of discrimination prohibited by the Human Rights Code, we can MAKE SURE that the human rights issues are properly addressed in addition to your severance pay, wrongful dismissal or constructive dismissal claims.

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HTW Law - Employment Lawyer has the necessary professional expertise to successfully protect your employment rights. At HTW Law – Employment Lawyer, we have a team of medical professionals, accountants, and other experts at our disposal to produce medical reports, financial reports and damage assessments for you when your employment law litigation calls for it.

Experience

Experience counts, and we are prepared to go to court if a resolution cannot be achieved.

Client-Orientated

We listen. And from listening to your needs and wants, we formulate our legal approaches.

Full Range Service

We are a full-service employment law firm. We'll take care of it if it is employment law related.

Experience

We know how much your case is worth based on our experience and previous Court judgments in similar situations, and we'll work hard to get you there while paying attention to your needs and desires.

We Care for You

We understand how tough it is for you to lose your job. We will offer you with confidence, respect and support in a relaxing environment. A kind gesture, a cup of coffee, or something trivial can sometimes be the missing link in rapport building.

FREE initial employment law consultation with an experienced employment lawyer for qualified employment law cases!! We handle sensitive employment law clients’ information with care. Call us now at 647-849-6582 or Contact Us Now if you have employment law questions or inquires or want to book an appointment for an employment lawyer consultation.

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4 - Severance Pay & Termination Pay Under ESA

4 - How Employment Lawyer Consultation Works

When you are terminated without cause you have two possible theories of recovery: 1. Termination Pay plus severance pay if certain conditions are met pursuant to the Employment Standards Act (ESA), or 2. the common law remedy of reasonable notice.

If you claim under ESA, the amount is per-determined and the amount is substantially smaller than that under common law. But in general you get the money much quicker, and the amount is in general not subject to the duty to mitigate.

4 - Severance Pay & Termination Pay Under ESA

Who is Eligible to Claim Under Employment Standards Act?

Under the Employment Standards Act (ESA), employees continuously employed for 3+ months are entitled to at least one week of notice, and more is required if the tenure is more. Entitlements under the Common law is usually more but it takes longer to collect. You should consult an employment lawyer whenever a severance proposal is presented by the employer.

Who is NOT Eligible to Claim Under Employment Standards Act?

union workers

The employer – employee relationship is governed by the Labour Relations Act for unionized workers and the Employment Standards Act for non-unionized workers. Only non-unionized workers are caught by the Employment Standards Act (ESA). In unionized environments, collective agreements provide for employees’ rights and responsibilities. All our discussion here regarding ESA entitlements only applies to non-unionized workers.

federal regulated employee

Federally regulated workers are governed by the Canada Labour Code (CLC), the federal equivalent of the Ontario Employment Standards Act (ESA). Unlike ESA, CLC entitles federally regulated employees who have been unjustly dismissed whom have been employed 12 months or more in a non-managerial position to receive reinstatement with back pay. Click here to learn more about federally regulated employees.

wilful disconduct

Pursuant to O. Reg. 288/01: TERMINATION AND SEVERANCE OF EMPLOYMENT, any employee who has been guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer are not entitled to notice of termination, termination pay, or severance pay under ESA.

To rely on O. Reg. 288/01 to terminate an employee summarily without notice, the employer must usually demonstrate that the employee's behaviour was both serious and intentional. The statutory requirement is not the same as the common-law "just cause" test, which was considerably wider. As a result, an employee's misbehaviour may NOT be sufficient to disqualify him or her from ESA termination pay and severance pay, EVEN IF such misconduct provides just cause for summary dismissal at common law.

Termination Pay vs. Severance Pay

termination pay

It may be scary 😢 to attempt to figure out how you're going to make ends meet if you've been let go from work. You're probably entitled to termination pay under ESA.

Termination pay is the amount of money that a business owes an employee after they have been fired. The amount of termination pay you are entitled to is determined by a number of factors.

 

In addition to termination pay, some workers are entitled to severance pay.

"Severance pay" in everyday usage is VERY different ❌ than "Severance pay" for the purpose of ESA.

 

Severance pay is compensation given to a qualified employee whose employment has been "severed." It pays an employee for losses (such as loss of seniority) that occur when a long-term employee is let go from their position.

Severance pay

Any employee who has been employed for over 3 months is entitled to termination pay under the ESA. However, severance pay is not available to all workers. If certain criteria are met, a long-term employee may be eligible for both termination pay and severance pay under the Employment Standards Act (ESA).

Termination pay and severance pay will be covered in depth below.

Termination Pay Under ESA - Who Is Eligible?

Under the ESA, employees who have been continuously employed for three months or more who have been terminated without cause is entitled to termination pay.

Termination Pay Under ESA

Under the Employment Standards Act (ESA) a person's employment is terminated if the employer:

  • dismisses an employee, or stop employing the employee by failure to pay wages due to the bankruptcy or insolvency of the employer;

  • suspend or layoff an employee for a period that is longer than a "temporary layoff".

A. Exemptions to Notice of Termination or Termination Pay

Not all employees are entitled to notice of termination or termination pay under the ESA.

As mentioned above, an employee who belong to a trade union, a federally regulated employee and an employee who has been guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer are not eligible to notice of termination, termination pay, or severance pay under ESA.

Please click here to check out the Exemptions to notice of termination or termination pay. Please also click here to check out the special rule tool to determine whether you are qualify for termination notice or monetary compensation in lieu if payment.

B. Constructive Dismissal

Constructive Dismissal

Common law constructive dismissal is deemed to be a termination for ESA Purposes triggering the payment obligation under PART XV TERMINATION AND SEVERANCE OF EMPLOYMENT of the ESA to eligible workers.

A constructive dismissal may occur when an employer makes a significant change to a fundamental term or condition of an employee's employment without the employee's actual or implied consent.

Click here to read the constructive dismissal definitive guide - a dismissal claim for workers who are compelled to quit owing to an employer's breach of contract.

Click here to check out a related but different definitive guide on wrongful dismissal - a dismissal claim for workers who have been wrongfully terminated by their employer.

C. When Will a Temporary Layoff Turns Into A Termination Under ESA?

​In a pre-pandemic world, being laid off while the employment contract was silent on the matter is deemed to be a termination for the purpose of ESA that triggers the payment obligation under PART XV TERMINATION AND SEVERANCE OF EMPLOYMENT to eligible employees.

For the purpose of ESA, any employee who is receiving less than one quarter of what they would have earned in a regular work week is deemed to be on layoff.

Temporary Layoff countdown

Under the Employment Standards Act (ESA), in general with some exceptions, unpaid temporary layoffs of 13 weeks or more are considered a termination of employment, whereas paid temporary layoffs of 35 weeks or more are considered a termination of employment.

Click here to learn more about ESA temporary Layoffs from the government of Ontario.

INFECTIOUS DISEASE EMERGENCY LEAVE (IDEL), O. Reg. 228/20, was implemented during the COVID-19 pandemic.

During this period, a non-unionized employee whose employer has temporarily reduced or abolished their hours of work due to COVID-19 is regarded to be on job-protected infectious disease emergency leave and will not be considered laid off or constructively fired.

INFECTIOUS DISEASE EMERGENCY LEAVE (IDEL)

Although companies are not required to provide benefits for lay-off employees most of the time, an employee on IDEL is not "considered" to be laid off, and is deemed to be on a "sick leave" and therefore must continue to get benefits. The expiration date of IDEL is constantly changing, and it has been extended multiple times during the pandemic.

Click here to learn more about how COVID-19 has impacted employment law and what the current IDEL expiration date is.

Termination Pay Under ESA - When to Pay?

Employees must be given termination pay under the Employment Standards Act (ESA) either seven days after their employment is ended or on their next normal pay date, whichever is later.

Termination Pay Under ESA - How to Calculate?

termination pay calculation

Under the ESA, employees who have continuously worked for three months or more but less than one year are entitled to one week notice of termination or more; two weeks of notice if they have worked for one year or more but less than three years; and one week notice for each subsequent year of employment up to a maximum of eight weeks.

However, employers are allowed to terminate employment without notice by paying termination pay equivalent to what the employee would otherwise have received during required period of notice and maintaining any benefits the employee would otherwise have received over that period.

termination pay in lieu of notice of teminaton allowed
esa notice chart for termination pay

If an employee works 13 weeks or more after the termination date indicated on the termination letter, the employee is entitled to a fresh written notice of termination as if the prior notice had never been issued. The employee's length of employment during the temporary work period will be stacked onto the employee's overall length of employment.

The above termination pay computation does not apply to mass termination. Special regulations govern the amount of notice needed in the event of mass terminations, which occur when the employment of 50 or more workers is terminated at an employer's business establishment (which may be several locations) during a four-week period.

mass termination in related to termination pay
mass termination calculations under termination pay

The amount of notice required in a mass termination under the ESA for termination pay is determined not by the workers' length of service, but by the number of employees who have been dismissed.

Eight weeks' notice if the employment of 50 to 199 workers is to be terminated;

12 weeks' notice if the employment of 200 to 499 employees is to be terminated; and

16 weeks' notice if the employment of 500 or more employees is to be terminated.

The mass-termination rules do not apply if:

1. the number of employees terminated represents no more than 10% of the employees who have been employed for at least three months at the establishment; and

2. none of the terminations are the result of the employer's permanent discontinuance of all or part of its business at the establishment.

mass-termination rules exceptions
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Severance Pay Under ESA - Who? How Much? When to Pay?

ESA severance pay is required, under the ESA when an employer “severs” the employment of an employee with five years or more of service and either of:

​​

  • the severance occurred because of a permanent discontinuance of all or part of the employer’s business establishment and the employee is one of 50 or more employees who have their employment relationship severed within a six-month period as a result; or

  • the employer has a global payroll of $2.5 million or more.

Under ESA, the calculation of an employer’s payroll relates to its payroll in all jurisdictions, and not just in Ontario

Severance Pay Calculation:

 

ESA severance pay is calculated specifically by multiplying the employee’s regular wages (excluding overtime) for a regular work week by the sum of:​

(the number of completed years of employment) + (the number of completed months of employment of the final year divided by 12)

​Example: Jim worked 6 years, 9 months and 2 weeks at the time of termination.

On average, he worked 40 hrs a week at $18/hr. The employer has a global payroll of $3 million. How much severance pay is Jim entitled to?

Number of completed years = 6, number of completed months = 9 (or 0.75 years)

Required Notice of Severance or Severance Pay in Lieu of Notice = 6.75 weeks

Regular work week wage = 4hr x $18/hr = $720

Jim is entitled to a severance pay of 6.75 weeks x $720/week = $4,860

money2.jpg

When to Pay?

Under section 65 of the Employment Standards Act (ESA), the maximum severance pay entitlement is an amount equal to the employee's normal earnings for a regular work week for a period of up to 26 weeks. Severance must be paid in one lump amount within seven days after cessation of employment or on the following normal pay day, whichever is later.

With a few small exceptions, an installment plan for severance pay is only permitted if the employee agrees to it. A payment plan cannot last more than three years. If an employer fails to make a scheduled payment, the employee's severance pay is immediately due.

Most of the exemptions to termination pay also applies to severance pay. Please click here to check out the Exemptions to severance pay. Please also click here to check out the special rule tool to determine whether you are qualify for severance pay.

exemptions to severance pay

Vacation time and Vacation Pay under ESA

Vacation time and Vacation Pay is governed by PART XI VACATION WITH PAY of the Employment Standards Act (ESA).

vacation pay for employee

For employees who have been employed for less than 5 years:

After each 12-month vacation entitlement year, employees are entitled to two weeks of vacation time under the ESA.

In addition, vacation pay is available. Vacation pay must be at least 4% of "gross" earnings received (excluding the vacation pay) during the 12-month vacation entitlement year or stub period (where that applies).

For employees who have been employed for 5 years or more:

After each 12-month vacation entitlement year, employees are entitled to three weeks of vacation time under the ESA.

In addition, vacation pay is available. Vacation pay must be at least 6% of "gross" earnings received (excluding the vacation pay) during the 12-month vacation entitlement year or stub period (where that applies).

vacation pay for 5 yr employee
Stud period for vacation pay

A stub period is defined as the time between the date of employment and the start of an alternate 12-month vacation entitlement year.

For example: If an employer has selected an alternate vacation entitlement year that runs from January 1 to December 31, and the employee is recruited on September 1, the stub period will be September 1 to December 31.

Vacation pay is payable on termination pay but not on severance pay. This is because termination pay is payment in lieu of notice of termination, while severance pay is a payment to compensate for the loss of seniority.

 

Similar to termination pay, unpaid vacation pay must be paid within seven days of the job terminating or on the employee's next pay day, whichever is later

Some workers work in occupations that are excluded from the vacation with pay provisions of the ESA. Please visit the special rule tool for additional information on these job types.

Click here to learn more about the vacation time and vacation pay from the government of Ontario.

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Reasonable Notice Under the Common Law

5 - Reasonable Notice Under the Common Law

5 - Reasonable Notice Under the Common Law

When you are terminated without cause you can: 1) file a claim to the Ministry of Labour - Employment Standards and sue for termination payseverance pay, vacation pay if certain conditions are met , or 2) file a constructive dismissal or wrongful dismissal suite and seek, inter alias, the common law remedy of reasonable notice.

Common law severance is usually a lot more than ESA severance. You should consult an employment lawyer whenever a severance proposal is presented by an employer or if you have recently been terminated.

A common law severance lawsuit, on the other hand, takes far longer to resolve than an ESA severance case. Most significantly, whether you claim reasonable notice in a wrongful dismissal or constructive dismissal case, the duty to mitigate applies. Click here to learn more about wrongful dismissal duty to mitigate. Click here to learn more about constructive dismissal duty to mitigate.

Common Law Severance Calculation

Common Law Severance Calculation

Common law severance calculation is analogous to termination pay and severance pay under ESA in principles. The amount in a severance package that an employer must pay to a terminated employee, under common law is determined by a number of factors, including length of service, age, reason for dismissal, position held within the company, compensation, whether the employee was actively recruited, and the state of the economy.

Note that common law doesn't draw a distinction between payment in lieu of working notice and "severance" (payment for long term service), everything is calculated as a full severance pay package in a wrongful dismissal claim or a constructive dismissal claim.

In certain extreme circumstances, a damage judgement in a successful wrongful dismissal lawsuit or a successful constructive dismissal lawsuit may be as high as 24 to 26 months.

However, compared to a wrongful dismissal action or a constructive dismissal action, there is considerably less ambiguity in determining ESA termination pay and ESA severance pay, which allows for a more speedy resolution.

common law reasonable notice

Common law severance calculation in the form of reasonable notice is highly fact specific, and it’s more of an art than a science. Please read the following blog post for an in-depth discussion of how common law severance is computed:

A Case Law Analysis of How Much Notice Is Reasonable Following Termination Without Cause?

Click here for an in-depth discussion of wrongful dismissal in the wrongful dismissal ultimate guide.

Click here for an in-depth discussion of