Termination Pay – Statutory Minimums

Matthew S. Langer — Sat, 27 Oct 2018 03:05:33 +0000

The Employment Standards Act (“ESA”) outlines what an Employer must pay to a terminated Employee for termination pay. These minimum payments are just that, MINIMUMS. Don’t be short changed by your Employer when they offer you 1 week per year of service. Employer’s hope you take your ESA minimums.

The ESA minimums for termination pay are as follows:

Length of Employment	Termination Pay Owed
Less than 1 year	1 week
1 year but less than 3 years	2 weeks
3 years but less than 4 years	3 weeks
4 years but less than 5 years	4 weeks
5 years but less than 6 years	5 weeks
6 years but less than 7 years	6 weeks
7 years but less than 8 years	7 weeks
8 years or more	8 weeks

This is what an Employer must paid to an employee either 7 days after the employee’s employment is terminated or on the employee’s next regular pay date, whichever is later. More importantly is that an Employee can be entitled to substantially more than the minimums when no employment contract was signed at the beginning of the employment relationship. Other important factors are the age of the Employee, the salary of the Employee at the time of termination and the likelihood of getting a comparable job.

Don’t settle for a few weeks when you could potentially be entitled to a few months.

This blog is for educational and informational purposes only and does not constitute legal advice. Results of cases described on this website may not be typical and are not guaranteed. The accuracy of the blog posts is not guaranteed. Contacting Langer Law or using this website does not create a lawyer-client relationship.

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Termination Pay – Statutory Minimums