Losing a job in Ontario can be a complex experience, particularly when the severance package offered does not reflect full legal entitlements. An Ontario severance pay lawyer specializes in advocating for employees to ensure they receive the compensation they are owed. These legal professionals navigate the intersection of minimum statutory standards and the more generous common law principles to secure fair outcomes for non unionized workers .
Understanding Statutory and Common Law Severance
Severance pay in Ontario originates from two distinct sources. The Employment Standards Act provides minimum entitlements: employees with five or more years of service at companies with a payroll over 2.5 million dollars are eligible for up to 26 weeks of statutory severance . However, a severance pay lawyer assesses whether common law reasonable notice applies, which often yields significantly higher compensation based on factors like age, length of service, and position seniority .
The Critical Role of Contract Review
A core function of an Ontario severance pay lawyer is scrutinizing employment contracts. Many termination clauses that appear to limit payouts are unenforceable due to poor drafting or failure to meet statutory minimums . Lawyers identify these drafting errors, which can invalidate the contractual cap and entitle the employee to months of additional pay. They also provide crucial guidance never to sign a release before receiving legal advice, as signing waives the right to pursue further compensation .
Negotiation and Pursuing Full Entitlements
An experienced lawyer does not simply review offers; they actively negotiate with former employers to improve severance packages. This includes securing compensation for lost bonuses, benefits continuation, and pension losses . If a fair settlement cannot be reached, the lawyer is prepared to litigate. By levelling the playing field against corporate legal teams, these specialists help displaced workers secure the financial stability needed to move forward.
Leave a reply
You must be logged in to post a comment.