Ontario Severance
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Ontario Severance Calculator

Find out what you're owed. See your ESA minimum and the common law notice Ontario courts award for profiles like yours, anchored to 1,000+ real decisions. Free, no account needed.

Your details

Use decimals for partial years (0.5 = 6 months)
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How did your employment end?

Without cause: You were let go without being accused of misconduct: restructuring, downsizing, a position that was eliminated, or no reason given. This is the most common scenario and usually carries the largest severance.

Does your employer have a payroll of $2.5 million or more?

ESA severance pay (on top of termination pay) only applies after 5 years of service when the employer's payroll is $2.5 million or more, or it has let go 50 or more employees within 6 months. Most mid-sized and large employers qualify. If you're not sure, we'll include it and flag it as an assumption.

Helps find court cases about similar roles

Why You Can Trust This Calculator

Real Court Cases

Backed by 1,000+ real Ontario employment cases from CanLII.

AI-Powered Analysis

Advanced AI analyzes your profile against comparable case outcomes.

Fully Verifiable

Every cited case includes a direct link to the full decision on CanLII.

How the Severance Calculator Works

  1. 1

    Your ESA minimum

    We apply the Employment Standards Act formulas for termination pay and severance pay to your length of service, salary and employer size. This is the floor your employer cannot go below.

  2. 2

    Comparable court cases

    We search more than 1,000 Ontario wrongful dismissal decisions for employees with a similar age, tenure and role, and show you the ones that matter with links to the full judgments.

  3. 3

    Your common law range

    An AI analyst weighs the Bardal factors against those cases and estimates the notice period a court would likely award, in months of pay, with a confidence level.

ESA Minimum vs. Common Law Notice

The Ontario Employment Standards Act sets minimum entitlements on termination. Termination pay is 1 week after 3 months of service, 2 weeks after 1 year, then 1 week per completed year up to 8 weeks. Severance pay adds 1 week per year of service, up to 26 weeks, once you have 5 or more years of service and your employer has a payroll of $2.5 million or more.

Most employees are also entitled to common law reasonable notice, which is usually much larger: anywhere from a few months to 24 months of pay and benefits. The ESA amounts are included in that award rather than added on top. A valid termination clause in your contract can limit you to the ESA minimums, so have yours reviewed before you accept a package.

The Bardal Factors

Since Bardal v. Globe & Mail (1960), Ontario courts set reasonable notice by weighing four factors. None of them is a formula, which is why comparing your situation to decided cases matters.

  • Character of employment: seniority, specialization and responsibility.
  • Length of service: longer service, longer notice.
  • Age: older employees generally need longer to find comparable work.
  • Availability of similar employment: how hard it is to find an equivalent job.

Severance Pay in Ontario: Frequently Asked Questions

How is severance pay calculated in Ontario?

There are two layers. The Employment Standards Act (ESA) sets a minimum: termination pay of 1 to 8 weeks depending on your length of service, plus severance pay of up to 26 weeks if you have 5 or more years of service and your employer has a payroll of $2.5 million or more. Unless your employment contract validly limits you to those minimums, common law reasonable notice applies instead, and Ontario courts award far more, often several months up to 24 months of pay, based on your age, length of service, position and job prospects. This calculator shows both figures.

What is the difference between termination pay and severance pay?

Both are ESA minimums. Termination pay replaces the working notice your employer did not give: 1 week after 3 months of service, 2 weeks after 1 year, then 1 week per completed year up to 8 weeks. Severance pay is an additional amount for long-serving employees of larger employers: 1 week per year of service up to 26 weeks, when you have 5 or more years of service and the employer has a payroll of $2.5 million or more, or has let go 50 or more employees within 6 months. In everyday use, "severance" often means the whole package, including common law notice.

How much severance do I get per year of service?

There is no fixed formula. Under the ESA it is roughly 1 week per year of service for termination pay (capped at 8 weeks) and 1 week per year for severance pay (capped at 26 weeks). At common law, courts weigh the Bardal factors: the character of your employment, your length of service, your age and the availability of similar work. A month per year of service is a common rule of thumb, but courts award more to older, senior or long-serving employees and less to junior, short-service employees. This calculator anchors its estimate to real Ontario decisions with facts like yours.

Does my employment contract affect my severance?

Yes. A properly drafted termination clause can limit you to the ESA minimums. Ontario courts strike down many termination clauses, for example when any part of the clause could ever pay less than the ESA, so have a lawyer review yours before you accept a package. The calculator assumes you are entitled to common law notice.

Can I get severance if I was fired for cause?

If your employer proves wilful misconduct, disobedience or wilful neglect of duty that is not trivial and was not condoned, you receive nothing under the ESA, and proving just cause at common law is also difficult. Courts hold employers to a high standard and many allegations fail. Choose "With cause" in the form to see what you would be owed if cause is not established.

Do I have to accept my employer's severance offer?

No. You normally have time to review it, and signing a release gives up your right to claim more. Compare the offer with the ESA minimum and the common law range shown here, and speak to an employment lawyer before you sign anything.

Is this severance calculator free, and is it legal advice?

It is free and does not need an account. It is an estimate for information only, not legal advice: it cannot see your contract, your bonus and benefits, or the circumstances of your dismissal. Use it to understand your position, then consult an Ontario employment lawyer about your specific case.

Want to read the decisions themselves? Browse Ontario cases about wrongful dismissal, severance pay and constructive dismissal, or ask the AI assistant about your situation.