Under the Employment Standards Act ("ESA") in Ontario, terminated employees are entitled to both Termination Pay (s.57) and Severance Pay (s.65) under certain circumstances. While severance pay has a different meaning under the common law, and all employees are entitled to reasonable notice of
Severance Pay on the Purchase and Sale of a Business
Severance pay obligations to employees can be a substantial yet often overlooked obligation in the context of a purchase and sale of a business. Whether an asset sale or share sale, the vendor and purchaser must address severance pay issues before consummating a transaction. In this post, we will
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 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
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
Lowes Closing Stores – Employment Terminations in Ontario
A report has been recently published in the National Post that Lowes, a large home improvement retailer will be closing up to 31 stores in Ontario. Employment terminations are sure to result from these store closures. Before signing a Release, ensure you consult with an employment lawyer to
Employment Standards Act Obligations
Under the Employment Standards Act (ESA), employers are required to provide employees minimum entitlements upon the termination of employment, which includes but are not limited to the following: -Up to a maximum of 8 weeks of termination pay, calculated as one-week of termination pay per year
Termination for Cause
Just cause terminations have been considered the 'capital punishment' of employment law. The employer bears the evidentiary burden to prove that the alleged misconduct satisfies the high threshold of just cause dismissal. The employer must prove that the act(s) or omission(s) of the employee are so