Fired in Ontario? Don't sign anything yet.

In 30 seconds, here's what's true

• You do not have to sign your severance offer today. The deadline your employer set is a pressure tactic, not the law. You generally have up to 2 years to make a claim.
• What they offered is usually just the legal minimum (often 1 week of pay per year worked, capped at 8 weeks). Under the common law, most people are owed more — sometimes much more.
• Your minimum termination pay is owed whether or not you sign their release. Signing away your rights is what they're hoping for. You can take time to understand the offer first.
• Even if your contract says you only get the minimum, that limit may not hold. Ontario courts have thrown out many of these clauses — so you may be owed full common-law notice anyway.
• "Fired for cause" is a very high bar that most employers can't meet. And even when they can, you usually still get your minimum pay. Being fired rarely means you get nothing.

How the process works

1. 1

   You're told you're let go

   You're usually handed a termination letter and a severance offer with a date to sign by. That date is not a legal deadline — it's pressure. You do not have to decide on the spot, and you should not sign anything you don't understand yet.

2. 2

   Pause, and protect yourself

   Don't sign. Save everything: your employment contract, the termination letter, the offer, your last few pay stubs, and your most recent review. Apply for Employment Insurance right away — severance delays EI but does not cancel it. Then start writing down job applications (you have a duty to look for new work).

3. 3

   Understand the three numbers

   There are three different things you might be owed: (1) ESA termination pay — the legal minimum, 1 week per year up to 8 weeks; (2) ESA severance pay — a separate amount for some long-service people at larger employers, up to 26 weeks; and (3) common-law "reasonable notice" — often the biggest, based on your age, years, role, and job market. PLAIN walks you through your range.

4. 4

   Check your contract

   If you signed an employment contract, it may try to limit you to the minimum. But under Ontario cases like Waksdale and Dufault, many of these clauses are unenforceable — meaning the limit doesn't apply and you may be owed full common-law notice. Have the wording reviewed before you assume it's binding.

5. 5

   Negotiate — or make a claim within 2 years

   Most employers expect you to negotiate, and most cases settle. A demand letter sets out what you're really owed and asks for a better package. If there's no fair deal, you generally have 2 years from the date you were told to file a claim. Keep job-searching the whole time — income you earn can reduce what you're owed.

What to do next

• Don't sign the offer. Tell your employer in writing you need time to review it.
• Save copies now: employment contract, termination letter, severance offer, last 3 pay stubs, latest performance review.
• Apply for Employment Insurance today — even before you have your Record of Employment (ROE).
• Ask your employer in writing for your ROE if you don't have it yet.
• Write down what happened in the termination meeting while it's fresh: date, who was there, what reasons were given.
• Start a job-search log — every application and recruiter call, with dates. This protects your right to full compensation.
• Get your offer reviewed (many employment lawyers do this free) or use PLAIN to understand the range you may be owed.
• Mark your 2-year deadline in your calendar — the latest date you can make a claim.

Common myths