Why most severance offers are too low
Employment Standards Act minimums are floors, not ceilings. Common law reasonable notice is almost always greater, especially for older employees, senior roles, longer tenure, and harder-to-replace specialties. The Bardal factors (age, length of service, character of employment, availability of similar employment) routinely produce 12 to 24 months of notice for executives and long-service employees. Employers know this. They offer the ESA minimum hoping employees sign quickly. Pause. Get advice.
Termination clauses, why most are unenforceable
Courts of Appeal in Ontario have struck down a majority of termination clauses they have reviewed in recent years. Common defects: any-clause-illegal-strikes-the-entire-clause (Waksdale), failure to comply with ESA on benefits during the statutory notice period, ambiguous just cause language, and definitions that try to redefine common law concepts in conflict with statute. If your termination clause fails, you get common law notice, which is usually a much bigger number.
What constructive dismissal looks like in practice
A unilateral, fundamental change to the employment relationship by the employer is constructive dismissal. Common examples: a 25 percent pay cut, a demotion, an indefinite layoff without contractual right, a forced relocation, or a poisoned work environment the employer fails to fix. An employee who is constructively dismissed can resign, claim damages, and seek the same remedies as if fired without cause.
Workplace harassment, the legal pathways
Three paths can run in parallel. Internal complaint under the employer's OHSA-required harassment policy. Human Rights Tribunal application if the harassment is connected to a protected ground. Civil action for damages, particularly where the employer's response was inadequate. Where harassment causes mental injury, damages for moral and aggravated damages and Honda damages are available. Time the steps. Document everything contemporaneously.
Costs and how employment lawyers charge
Severance review consultations are commonly $300 to $600. Negotiated severance enhancement work is often contingency-based, with the firm taking a percentage of the additional value secured beyond the original offer. Litigated wrongful dismissal claims run on hourly retainers, with most settling at discovery or pre-trial mediation. Plaintiff-side employment firms generally do not charge for the first review.