Overview
Not Sure If Your Severance Package Is Fair?
The amount of severance you are entitled to depends on a number of factors, including your position, years of service, salary, age, and the reason for your dismissal. While an employer may refer to the Employment Standards Act to calculate the minimum amount owed, you may be entitled to significantly more. You should not feel pressured to sign a severance offer right away. Getting legal advice before you sign can help you understand what you are actually owed and whether there is room to negotiate a better outcome.
Common Challenges In Severance Package Claims
Determining whether the package offered meets or exceeds the legal minimum
Understanding how factors like age, seniority, and position affect your entitlement
Feeling pressured by tight deadlines to sign before seeking legal advice
Knowing whether to accept pay in lieu of notice, working notice, or a combination of both
Negotiating a higher package or different payment structure without jeopardizing your position
Acting within applicable limitation periods if you choose to pursue a claim
The Aaron Waxman Difference
How Can Aaron Waxman and Associates, P.C. Help?
If you have received a severance package and are not sure whether it is fair, Aaron Waxman and Associates, P.C. can review your offer and help you understand what you may be entitled to. This can include assessing the key factors that affect your severance, advising on whether to accept or negotiate, and representing you in discussions with your employer.
The firm can offer a free initial consultation to discuss your circumstances and help you take the next step with confidence.
Why Clients choose Us
Fighting for Your Rights with Compassion & Commitment
Real Care, Real Advocacy
We take the time to understand what you are facing, then build a plan that protects your rights and supports your next steps.
We Handle the Pressure For You
We take on insurer and employer pushback, manage deadlines, and keep your claim moving so you can focus on recovery and stability.
Talk to Aaron, Not a Substitute
Aaron Waxman isn't just the name on the door. He's the one who will be sitting down with you to discuss your situation and walk you through your options.
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Frequently Asked Questions
Yes. If you believe the severance package you received is unfair, you have the right to reject it and seek a better outcome. Rejecting an offer does not mean you forfeit your entitlement to severance pay. An employment lawyer can review the offer, advise on what you may be owed, and help you negotiate a package that better reflects your circumstances.
Employers will often set short deadlines, such as 48 hours or one week, to pressure employees into signing quickly. However, in Ontario, the limitation period for wrongful dismissal claims is generally two years. This means you are not required to accept an offer immediately. That said, it is still advisable to seek legal advice promptly so you can make an informed decision without unnecessary delay.
Yes. When terminating an employee, an employer generally has three options: provide working notice (informing the employee their role will end at a future date), pay in lieu of notice (a severance package upon termination), or a combination of both. Regardless of which option your employer chooses, you should speak with an employment lawyer before agreeing to or signing anything.
Yes. Severance pay can be structured as a lump sum payment or paid out over a period of time, which is known as salary continuance. The structure of the payment can often be negotiated. An employment lawyer can help you determine which option may be more beneficial for your situation.
The amount of severance you are entitled to depends on a number of factors, including your length of employment, position, salary, age, and the reason for your dismissal. The Ontario Ministry of Labour provides a general calculator as a starting point, but it reflects only the statutory minimum and should not be taken as a definitive answer. An employment lawyer can give you a more complete picture of what you may be owed.
You are not required to hire a lawyer, but severance entitlements can be significantly higher than what an employer initially offers. Speaking with an employment lawyer before you sign can help you understand your rights, avoid accepting less than you are owed, and negotiate a better outcome if appropriate.
