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Severance Pay: How We Can Help
Process
Our methodology is a rigorous, three-phase legal process. First, we conduct a detailed case assessment, reviewing your employment contract, termination letter, and all relevant communications against the applicable provincial employment standards and common law precedents. We then quantify your entitlement, which can often be 3-4 weeks' pay per year of service under common law, significantly exceeding the statutory minimums. Finally, we engage in strategic negotiation or, if necessary, litigation, leveraging our deep understanding of precedents like *Bardal v. Globe & Mail* to secure a fair settlement. This structured approach ensures no aspect of your claim is overlooked.
At a Glance
| Parameter | Reference Value |
|---|---|
| Common Law Entitlement Range | 2-4 weeks' pay per year of service |
| Statutory Minimum Notice (Ontario Example) | 1 week per year (up to 8 weeks) |
| Typical Negotiation Timeline | 2-6 weeks |
| Key Assessment Factors | Age, tenure, position, job market |
Local Considerations — Canada
Severance law in Canada is a complex patchwork of federal and provincial jurisdictions. Entitlements can vary significantly between provinces like Ontario, governed by the Employment Standards Act, and federally regulated industries under the Canada Labour Code. Major economic hubs like Toronto, Vancouver, and Calgary each have distinct local job markets and judicial trends that influence reasonable notice periods. Our national practice is adept at navigating these regional nuances, ensuring our strategy is tailored to the specific legal landscape and economic realities of your location, whether you are in a tech startup hub or a traditional industry center.
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Standards & Compliance
- Canada Labour Code (R.S.C., 1985, c. L-2)
- Ontario Employment Standards Act, 2000
- Common Law Principles of Reasonable Notice
Frequently Asked Questions
What is the difference between statutory severance and common law entitlements?
Statutory severance is the minimum set by provincial or federal law (e.g., one week's pay per year of service). Common law entitlements, established by court precedents, are almost always significantly higher, factoring in age, position, and job market conditions, often resulting in 2-4 weeks per year of service.
Is there a time limit to contest a severance offer?
Yes. Strict limitation periods apply, typically ranging from 6 months to 2 years depending on your province and whether you file a complaint with the Ministry of Labour or a lawsuit. Acting quickly is essential to preserve all your legal options.
What should I do immediately after receiving a termination notice?
Do not sign anything. Carefully review all documents, note the termination date, and seek legal counsel immediately. Each listed firm can begin a [Severance Package Review](/practice-areas/severance/severance-package-review/) to identify deficiencies and outline your maximum potential entitlement.
How much does severance pay legal assistance cost in Canada?
Legal fees depend on case complexity, negotiation duration, and whether litigation is required. Many cases are handled on a contingency or flat-fee basis. We provide transparent cost structures after an initial case assessment. The best course is to request a specific consultation for a tailored quote.