Termination pay entitlement
An employee who has been terminated from work may be entitled to receive termination pay and/or severance pay. Section 57 of the Employment Standards Act provides an idea of the length of notice a dismissed employee is entitled to. The employer must give working notice allowing the employee to continue working during the notice period. Alternatively, the employer may have to pay the corresponding amount of termination pay. Furthermore, the employer must follow the law when firing employees.
It is common for an employee who has been dismissed to receive a termination letter. The termination letter will outline your entitlement. What you are entitled to will depend on whether or not there is a termination without cause. Of course, this is the employer’s opinion. The employer will state if you are going to receive pay in lieu of notice. The employer will also state if you are going to receive termination pay. You should get legal advice. Do not accept any offer without speaking with a lawyer. You must make sure you understand your rights. Your employer cannot pressure you. You should not accept anything without speaking with a lawyer.
The termination letter
If you have received a termination letter, it is important to understand that as an employee you may be entitled to a lot more pay in lieu of notice at common law than the Employment Standards Act minimums. Employees often accept amount offered in their initial termination letter without consulting with an employment law lawyer. You can miss out on receiving high compensation by accepting a package when dismissed without legal advice. You should get legal advice before you do anything.
If you have been wrongfully dismissed, you should seek legal advice. Do not trust your friends or relatives. Do not rely on an internet search. You should speak with a wrongful dismissal lawyer. Ken has helped recently fired employees. He has helped employees deal with the loss of their jobs. He has also helped employers to ensure they are following the law when firing employees. A wrongful dismissal lawsuit is the last thing an employer needs. Legal costs can quickly mount. Therefore, employers and employees alike need to make sure they understand the law. A consultation with an wrongful dismissal lawyer can save significant legal fees. Ken has helped both employees and employers deal with the termination of employment. He is intimately familiar with the rights of employees. Ken also understands how to protect an employer.
Termination pay and the Employment Standards Act
A common resource used to get an idea of what termination pay an employee may be entitled to is the termination pay tool found at the Ontario Ministry of Labour website. You can use the tool to estimate your entitlement. The tool also has a calculator and sample calculations that allow an employee to do a quick calculation.
It is very important to note that the termination pay tool is only a guide and you may actually be entitled to a lot more compensation or damages if you pursue an wrongful dismissal action. It is advisable to speak with an employment lawyer before proceeding with a claim for termination pay. The termination pay tool on the Ministry of Labour website is not a substitute for legal advice from a wrongful dismissal lawyer.
The information on this website is for informative purposes only. It is not legal advice. Additionally, you can only retain a lawyer after a consultation. If you need a wrongful dismissal lawyer or have employment law questions, call Ken at: 416 323 3614.