Severance Pay FAQs
Amount of severance pay you get depends on several factors.
Severance Pay Frequently Asked Questions:
Do I get severance if I get fired? The answer is yes and no. Usually, you get severance pay if you get terminated. But if you get fired for job related wilful misconduct then you may not receive any severance. In some cases, you get severance after a prolonged laid off period or when contract was silent on layoff.
Please note that if you haven’t file a claim of wrongful dismissal within the 2 years limitation period, you are statutory bar by the Limitations Act, to do so. There was a temporary pause on limitation period as a result of the COVID-19 pandemic from March 16, 2020 to September 13, 2020 by Ontario Regulation 73/20.
Terminated for cause or misconduct - a slam dunk case for a quick settlement. Am I crazy in telling you that you have just won the lottery by being terminated for cause? The best thing that could happen to an employee and the best thing an employment lawyer could hope for is a case of termination for cause.
Where to Sue for Wrongful Dismissal? There are many legal forums to choose from, WSIB, HRTO, Ministry of Labour Health and Safety OHSA, , Ministry of Labour Employment Standards ESA, Small Claims Court, Superior Court, just to name a few. Will discuss some of the more common forums in this post.
Termination for cause is dismissal without notice is reserved for “gross misconduct” of employee that is serious enough to be dismissed without warning. Do note that the “gross misconduct” MUST be job related. So it's not enough if the employee has misconduct of some sort, even if criminal, outside of the workplace.
Can I Keep My Severance If I Quit? If you value your severance package, wait until you get fired. If you can’t bare your employer, do quit but make sure you qualify for constructive dismissal before you do. Your employment law entitlement to termination pay and severance pay for long term service ends when you quit.