Newmarket Severance Pay Lawyer

Offered a severance package? Don’t sign until you know what you are really owed.

K. Miller Law reviews severance packages for employees in Newmarket. We tell you what you are really owed- and negotiate to get it. Free consultation with a Newmarket Severance Pay Lawyer. No upfront fees.

Newmarket Severance Pay Lawyer- Get the Package You Are Entitled To

If you have been terminated, an experienced Newmarket severance pay lawyer can be the difference between signing a lowball package and walking away with the full compensation the law entitles you to. Employers routinely offer the bare minimum- and often attach a short deadline to pressure you into accepting before you get advice.

In Ontario, most non-unionized employees dismissed without cause are entitled to far more than the minimums in the Employment Standards Act, 2000 or the Canada Labour Code. Your common law entitlement- called “reasonable notice”- frequently amounts to several months, and sometimes up to two years, of pay and benefits.

K. Miller Law represents employees in Newmarket. Whether you work in logistics, retail and manufacturing, along with the many Newmarket residents who commute into Toronto or any other sector, we review your severance offer, identify what is missing, and negotiate for the full package. Consultations are available virtually, with secure document sharing, so you get strong representation without needing to travel.

How Much Severance Will I Get in Newmarket?

Short answer: there is no fixed formula. Under the Employment Standards Act, the minimum is up to 8 weeks of termination pay, plus up to 26 weeks of severance pay if you qualify. Under the common law, a court in Newmarket would assess “reasonable notice” based on your age, length of service, position and the availability of similar work- often several months of pay and benefits, and sometimes up to 24 months or more.

The factors courts weigh were set out in Bardal v. Globe & Mail Ltd. (1960) and are still applied by Ontario courts today:

Age- older employees typically take longer to find comparable work.
Length of service- longer service generally means longer notice, though short-service employees can still receive meaningful notice.
Character of employment- senior, specialized and management roles usually attract longer notice periods.
Availability of similar employment- a tight local job market for your role can increase your entitlement.

Other factors, such as being recruited away from secure employment, can also increase notice. In Dawe v. Equitable Life Insurance Company of Canada, 2019 ONCA 512, the Court of Appeal confirmed that while 24 months is generally the upper range, it is not an absolute cap in exceptional cases.

Is Your Severance Offer in Newmarket Fair? 7 Warning Signs

It only matches the ESA minimum. If your package equals your Employment Standards Act entitlements (or less), you are likely being offered far below your common law entitlement.
It ignores your full compensation. Bonuses, commissions, benefits, pension contributions, stock options, RSUs, car allowances and vacation pay can all form part of what you are owed.
It relies on a termination clause. Ontario courts regularly find termination clauses unenforceable. If yours is invalid, your entitlement can increase dramatically.
It comes with a tight deadline. Short deadlines discourage you from getting advice. Your ESA minimums must be paid whether or not you sign.
It asks you to sign a full release. Signing a release usually ends your right to claim anything more.
It cuts off benefits immediately. Your employer must generally continue your benefits throughout the ESA notice period.
It doesn’t reflect your circumstances. Your age, role and local job market drive your notice period- not a flat “weeks per year” formula.

A Newmarket severance pay lawyer can review your offer, employment contract and compensation history, and tell you what a fair package actually looks like.

Where Would My Newmarket Severance Claim Be Heard?

Most severance disputes settle without going to court. If a claim is necessary, claims of up to $50,000 can be brought in Small Claims Court. Larger claims proceed in the Superior Court of Justice- for Newmarket employees, typically at the Superior Court of Justice in Newmarket- and claims of up to $200,000 can proceed under the faster Simplified Procedure. Strict limitation periods apply, generally two years from the date of termination.

Why Choose K. Miller Law- Newmarket Severance Pay Lawyer

We Represent Employees

Our practice is focused on employee- side employment law. We know how employers and their counsel approach severance- and how to push back.

Every File Prepared as if It’s Going to Court

Most severance disputes settle. The strongest settlements come from files prepared as though they may be litigated, so you negotiate from a position of strength.

Fast, Clear Advice When the Clock Is Ticking

Severance offers often come with deadlines. We review your package promptly and tell you plainly what it is worth and what to ask for.

Service in Your Language

Our team speaks English, Russian, Ukrainian, Hebrew and Spanish.

No Upfront Fees

We offer free consultations and handle most severance matters on a contingency basis- you pay only if we recover compensation for you.

If you are looking for an experienced Newmarket severance pay lawyer, contact K. Miller Law today for a free review of your package.

Frequently Asked Questions- Severance Pay in Newmarket

How much severance am I entitled to in Ontario?

Your severance entitlement depends on several factors, including your age, length of service, position, compensation, availability of comparable employment, and whether your employment contract contains an enforceable termination clause.

Common law severance can be significantly greater than the minimum entitlements under Ontario’s Employment Standards Act.

An experienced Newmarket severance pay lawyer can assess your circumstances and help determine whether you are entitled to additional compensation. We offer a free initial consultation to review your severance package. Speak with a Newmarket severance pay lawyer today!

Is there a severance formula of one month per year of service?

No. “One month per year” and “two weeks per year” are general rules of thumb, not legal formulas.

Ontario courts assess each case individually. Older employees, senior professionals, and even employees with relatively short service may be entitled to substantially more than these formulas suggest.

A Newmarket severance pay lawyer can evaluate the factors relevant to your employment and estimate your potential common law severance entitlement.

Should I sign my severance package?

Not before obtaining legal advice. Signing a severance agreement or full and final release generally prevents you from pursuing additional compensation.

Before accepting your employer’s offer, consult a Newmarket severance pay lawyer to determine whether your severance package is fair. Our firm helps employees in Newmarket negotiate improved severance packages and pursue wrongful dismissal claims where appropriate.

My employer gave me a deadline to accept. What should I do?

Contact a Newmarket severance pay lawyer as soon as possible. Employers frequently impose short deadlines for accepting severance offers, but these deadlines do not necessarily eliminate your legal rights.

Your minimum entitlements under Ontario’s Employment Standards Act generally must be paid regardless of whether you sign a release.

A Newmarket severance pay lawyer can review your offer, advise you about your options, and request an extension where appropriate.

Am I entitled to severance if I was let go during probation?

Possibly. Being terminated during a probationary period does not automatically mean you have no entitlement to termination pay or common law reasonable notice.

The enforceability of a probationary or termination clause depends on the wording of your employment contract and applicable law. Employees with at least three months of continuous employment may also qualify for minimum termination entitlements under the Employment Standards Act.

A Newmarket severance pay lawyer can review your employment contract and determine whether you have a claim for compensation following a probationary termination.

What happens to my severance if I find a new job?

Finding new employment may affect your entitlement to common law wrongful dismissal damages, depending on the terms of your severance arrangement.

A negotiated lump-sum settlement will generally remain payable according to its terms, while salary continuance arrangements may contain provisions reducing or ending payments when you obtain new employment.

Statutory minimum termination and severance entitlements are generally not reduced because you find another job.

A Newmarket severance pay lawyer can help you understand how new employment may affect your severance compensation.

Can I get severance if I quit?

Generally, employees who voluntarily resign are not entitled to severance pay. However, an exception may apply where an employee has been constructively dismissed.

Constructive dismissal can arise when an employer makes significant unilateral changes to your compensation, responsibilities, work hours, or location, or creates intolerable working conditions.

If you believe your employer is forcing you to resign, speak with a Newmarket severance pay lawyer before leaving your position. You may have grounds to pursue compensation as though your employment had been terminated.

Where would a severance claim from Newmarket be heard?

Wrongful dismissal and severance claims arising in Newmarket may be brought before the Ontario Small Claims Court or the Superior Court of Justice, depending on the amount claimed and the nature of the proceeding.

Claims of up to $50,000 generally fall within the monetary jurisdiction of Small Claims Court. Larger claims are typically commenced in the Superior Court of Justice, with Newmarket serving as a local court location.

A Newmarket severance pay lawyer can help determine the appropriate court and legal strategy. Most severance disputes are resolved through negotiation or settlement without proceeding to trial.

Do I have to pay upfront for a Newmarket severance pay lawyer?

No. At K. Miller Law Professional Corporation, we offer free initial consultations and handle most severance pay and wrongful dismissal cases on a contingency fee basis.

This generally means that our legal fees are payable only when compensation is successfully recovered, subject to the terms of your retainer agreement.

If you have been terminated or offered a severance package, contact our Newmarket severance pay lawyer for an initial assessment of your potential entitlements.

Is there a deadline to make a severance claim?

Yes. Strict legal limitation periods apply to wrongful dismissal and severance claims in Ontario.

In most cases, employees have two years from the date their claim is discovered, often the termination date, to commence a civil action. Certain federally regulated employees may face much shorter deadlines, including a 90-day period for eligible unjust dismissal complaints under the Canada Labour Code.

Missing an applicable deadline can prevent you from pursuing compensation.

Contact a Newmarket severance pay lawyer promptly to review your termination, protect your legal rights, and determine whether you may be entitled to additional severance pay.

Our Team

Our team is committed to providing dedicated, strategic, and client-focused legal representation, ensuring every client receives the attention and advocacy they deserve.

Meet Katerina

Katerina Miller- Employment & Disability Lawyer

Katerina Miller is a Toronto employment & disability lawyer known for her relentless advocacy in workplace disputes and denied disability claims. With extensive experience in both fields, she is dedicated to protecting her clients’ rights and achieving the best possible outcomes.

Katerina earned her law degree in 2012 with Dean’s List recognition. Since being called to the Ontario Bar in January 2020, she has successfully represented clients before various courts and tribunals.

Before founding K. MILLER LAW, Katerina built a strong reputation at a leading Toronto firm, known for her tenacity, professionalism, and client-focused approach.

Fluent in English, Hebrew, Ukrainian, and Russian, she connects effortlessly with clients from diverse backgrounds, ensuring they feel heard, understood, and empowered.

At K. MILLER LAW, Katerina provides strategic, results-driven representation, guiding clients through complex legal challenges with unwavering commitment and care.

Meet Eli

Eli Penner- Paralegal

Eli Penner focuses on employment law, with a particular emphasis on wrongful terminations, constructive dismissals and terminations both with and without cause. He brings dedicated advocacy and a detail-oriented approach to the firm, ensuring clients’ rights are protected during challenging workplace disputes.

Eli holds an undergraduate degree with honors in religious studies, graduating Cum Laude. This academic background honed his strong analytical, research, and critical thinking skills. He also completed a comprehensive two-year paralegal program in Ontario and successfully earned his provincial license.

Fluent in English and Hebrew, Eli connects effortlessly with clients, ensuring they feel supported, heard and informed throughout their legal journey.

At K. MILLER LAW, Eli provides strategic, results-driven representation, working tirelessly to achieve positive outcomes for those he represents.

Meet Kate

Kate Spuziak- Legal Assistant

Kate Spuziak is a Legal Assistant at K. MILLER LAW who supports the firm’s legal and administrative operations with a strong focus on organization, efficiency, and client service.

With a multidisciplinary background in business operations, marketing, and accounting, she brings a well-rounded skill set that contributes to the smooth functioning of the firm and the overall client experience.

Kate holds a Bachelor’s degree in Management of Innovation Activity, with an academic focus on improving operational efficiency and supporting innovative business practices. Her education and professional experience allow her to approach tasks with both analytical thinking and practical problem-solving skills.

Fluent in English, Spanish, Russian, and Ukrainian, and currently learning French, Kate brings strong communication skills and a global perspective to her work.

Prior to joining K. MILLER LAW, Kate gained experience in marketing and administrative support roles, assisting with communications, documentation, branding initiatives, and business operations across different industries.

Practice Areas

Whether you are navigating a complex employment issue or seeking justice for a disability-related dispute, we are here to advocate for you every step of the way.

Employment Law

Disability Law

We Serve Ontario

At K. Miller Law, we represent employees across Ontario, providing trusted legal guidance no matter where you are.

With the ability to connect remotely, we ensure that location is never a barrier to receiving strong legal representation.

Whether you are in a bustling city or a smaller community, we are committed to advocating for your rights and securing fair outcomes. Here are just a few of the areas where we have assisted employees in resolving workplace disputes.