Two weeks isn't the rule. You may be owed much more.
Being let go in Ontario can mean termination pay, a separate severance payment, and sometimes far more under common law. The legal minimum is a floor, not a ceiling. Here's how to figure out what you're owed.
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In 30 seconds, here's what's true
- If you've worked 3+ months and are let go without cause, the ESA gives you written notice or pay in lieu — 1 week per year of service, up to a maximum of 8 weeks.
- Severance pay is a separate, additional payment. You qualify if you've worked 5+ years AND your employer has a payroll of $2.5 million+, or it severed 50+ employees in 6 months.
- ESA severance is 1 week per year of service (including partial years), up to a maximum of 26 weeks. Combined with termination pay, ESA minimums can reach 34 weeks.
- The ESA is the floor, not the ceiling. Under common law, many employees are owed far more — often months of pay — based on age, length of service, position, and job market.
- You usually have 2 years to sue for wrongful dismissal. Don't sign a release right away — the contract wording often decides whether you're capped at the minimum or owed much more.
How the process works
Separate the three things
There are three: ESA termination pay (1–8 weeks), ESA severance pay (a separate payment for long-service employees at larger employers), and common-law notice (often much more). You may be owed more than one.
Work out your ESA minimum
Count your years of service. Termination pay is 1 week per year, max 8. If you've worked 5+ years and your employer is large enough, add severance: 1 week per year (including partial years), max 26.
Check your employment contract
Does it have a termination clause limiting you to ESA minimums? If the clause is valid, it may cap you there. If it's poorly worded or tries to give less than the ESA, it can be void — opening the door to common-law amounts.
Don't sign the release yet
Employers often offer the ESA minimum and ask you to sign a release. You're entitled to your ESA minimums no matter what. Before signing away more, it's worth getting your situation reviewed.
Get advice and act within the deadline
Talk to a community legal clinic or an employment lawyer (many offer free consultations), or file an ESA claim with the Ministry of Labour. You generally have 2 years to sue — but acting sooner is better.
What to do next
- Write down your exact start date and last day worked.
- Count your completed years of service (and months, for severance).
- Calculate your ESA termination pay: 1 week per year, up to 8.
- Check if you qualify for severance: 5+ years AND a $2.5M+ payroll or 50+ severed.
- Find your employment contract and read the termination clause.
- Don't sign the release until you've checked what you're really owed.
- Contact a community legal clinic or employment lawyer (free consultations exist).
- Start a free PLAIN session to map your termination pay, severance, and options.
Common myths
| Myth | Reality |
|---|---|
| Two weeks' notice is all I get. | The ESA gives up to 8 weeks, sometimes plus separate severance — and common law is often much more than that. |
| I was fired, so I get nothing. | Unless your employer proves 'just cause' (which is hard), you're still owed your termination pay and possibly more. |
| Severance pay and termination pay are the same thing. | They're two separate ESA entitlements. If you qualify for both, you get both — they stack. |
| The ESA minimum is the most I can get. | No. The ESA is the floor. Common-law reasonable notice is usually higher, unless a valid contract clause limits you. |
| Only my Ontario office payroll counts for severance. | The $2.5 million payroll threshold counts your employer's worldwide payroll — so even a small local office can qualify. |
| I have to sign the release to get any money. | You're entitled to your ESA minimums whether or not you sign. A release usually asks you to give up the right to claim more. |
| A temporary layoff is never a termination. | A layoff that runs past the ESA limits (generally 13 weeks, or 35 with benefits) becomes a termination — triggering termination and possibly severance pay. |
| It's too late to do anything once I've left. | You generally have 2 years to bring a wrongful dismissal claim — but the sooner you get advice, the better your options. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
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