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How Much Severance Am I Owed: How We Can Help
Process
Our assessment follows a rigorous, three-phase methodology. First, we conduct a detailed case review, analyzing your employment contract, termination letter, and all relevant communications. We then apply established common law principles, such as the Bardal factors, and statutory frameworks like the Canada Labour Code or provincial Employment Standards Acts to calculate your entitlement. A critical step is our forensic analysis of your job market, often utilizing labour economist reports to substantiate the length of a reasonable notice period. This precise approach allows us to build a compelling claim for negotiation or litigation. For a deeper dive into the calculations, review our guide on How Is Severance Pay Calculated.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Assessment Timeline | 1-3 Business Days |
| Common Law Notice Range | 1-24+ Months' Salary |
| Key Assessment Factors | Age, Tenure, Position, Job Market |
| Statutory Minimum (Varies by Province) | e.g., 1-8 Weeks' Pay |
Local Considerations — Canada
Severance law in Canada is a patchwork of federal and provincial jurisdictions, creating significant regional variations. A dismissal in Ontario, governed by the Employment Standards Act, 2000, is assessed differently than one under the British Columbia Employment Standards Act or the federal Canada Labour Code. Furthermore, local judicial trends influence outcomes; courts in Alberta may weigh certain Bardal factors differently than those in Quebec. Our national practice is strategically adapted to these nuances. We leverage deep knowledge of regional case law and procedural rules in key tech and business hubs like Vancouver, Calgary, and Toronto to secure optimal results for clients wherever they are located in Canada.
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Standards & Compliance
- Canada Labour Code (R.S.C., 1985, c. L-2)
- Provincial Employment Standards Acts
- Common Law Principles (Bardal Factors)
- Human Rights Legislation (Federal & Provincial)
Frequently Asked Questions
What is the difference between statutory severance and common law entitlement?
Statutory severance is the minimum required by government legislation (e.g., the ESA), often just weeks of pay. Common law entitlement, established by court rulings, is typically far more generous, providing months or even years of compensation based on your specific circumstances and the principle of reasonable notice.
How long do I have to take legal action after being dismissed?
Limitation periods are strict and vary by province, typically two years from the date of termination. In Ontario, it's two years under the Limitations Act, 2002. Missing this deadline can permanently bar your claim, making immediate legal consultation essential.
Does signing a termination release affect my severance?
Yes, signing a release is a final and binding agreement. Once signed, you forfeit the right to pursue further legal claims for that dismissal. It is crucial to have the offer and release reviewed by a lawyer before signing to ensure it reflects your full legal entitlement.
How much does a severance assessment cost in Canada?
The cost for our severance assessment and negotiation service depends on case complexity, the required depth of financial and market analysis, and whether litigation becomes necessary. Many cases are handled on a contingency fee basis, meaning legal fees are a percentage of the recovery, with no upfront cost. We provide a clear, specific fee agreement after an initial case review.