Age and tenure of services are typically positively correlated, and they are two of the key factors considered by a Court in determining a terminated employee's reasonable notice entitlement. It has been recognized in case law that the availability of similar employment opportunities diminishes as
Executive Severance Pay
As we have commented on various posts, employees that are terminated without cause from their employment are entitled to a severance package in accordance with the Employment Standards Act (ESA) in Ontario and the common law. Those employees that are terminated for cause from their employment may
Severance Packages as Salary Continuance Payments
When an employee is terminated without cause from their employment in Ontario from their employer, the employee is entitled to a severance package, which, as we have discussed here, is based on a host of factors, including but not limited to the terminated employees age, length of service with the
What Termination Notice Period Are You Entitled to in Ontario?
An employee that has been employed in Ontario for more than three months in an indefinite employment relationship (separate from a fixed-term contract), is entitled to a statutory minimum amount of advanced notice of termination or payment in lieu thereof in accordance with the Employment Standards
Senior Executive Severance Packages
Severance packages for senior executives can often amount to several hundred thousand dollars in entitlements. Accordingly, it is imperative that executives are attuned to the employment law issues that are prevalent in severance packages in Ontario. A wrongful dismissal occurs when an employee
Severance Pay for Long-Term Employees
With the aging of our population, a number of workers that have been employed by the same company for a long-period are either entering into retirement or oftentimes, are terminated due to a restructuring, as companies seek to bring on new, younger employees. In determining how much severance is
Temporary Layoffs in Ontario
Temporary laying off an employee in Ontario often occurs in the context of seasonal businesses that required a reduced headcount during slow times of year or businesses that are in general decline. Rather than paying our full severance obligations to an employee, as required on the termination of
Is the deadline in my severance package enforceable?
The short answer is NO. Clients frequently call our employment law firm following a job loss advising that they only have one or two days to return their severance package or they would lose the offer from the company. This is not accurate. Your legal rights do not expire at some pre-defined and