Severance Counter-Proposal Letter and Review Checklist (Ontario)

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Severance Counter-Proposal Letter and Review Checklist (Ontario) — page 1
Severance Counter-Proposal Letter and Review Checklist (Ontario) — page 2
Severance Counter-Proposal Letter and Review Checklist (Ontario) — page 3

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Document text

[YOUR FULL NAME]

[YOUR ADDRESS] · [YOUR EMAIL] · [YOUR PHONE]

[DATE]

To: [NAME OF HR CONTACT], [TITLE]

[COMPANY NAME]

[COMPANY ADDRESS]

Re: Termination letter and release dated [DATE OF THE LETTER] — counter-proposal

Dear [NAME],

Thank you for the termination package you gave me on [DATE RECEIVED]. I have reviewed it against the Employment Standards Act, 2000 and I would like to propose the following before I sign any release.

Item Your offer My proposal

Termination pay (ESA notice) [WEEKS] weeks — $[AMOUNT] [WEEKS] weeks — $[AMOUNT]

Severance pay (ESA) [WEEKS] weeks — $[AMOUNT] [WEEKS] weeks — $[AMOUNT]

Additional amount for signing the release $[AMOUNT] $[AMOUNT]

Benefits continuation until [DATE] until [DATE]

Reference and departure statement [AS OFFERED] [AGREED WORDING]

My service: [YEARS] years and [MONTHS] months, regular weekly pay $[AMOUNT]. Under the ESA my minimum is [WEEKS] weeks of termination pay and [WEEKS] weeks of severance pay, $[AMOUNT] in total, due by [DATE].

I would appreciate a written reply by [DATE].

Sincerely,

______________________________

[YOUR FULL NAME]

Review checklist — before you sign a release

The ESA minimum (owed even without a release)

☐ Termination pay: 1 week under 1 year, 2 weeks for 1–3 years, then 1 week per completed year up to 8 (from 3 months of service)

☐ Severance pay: 5+ years and a global payroll of $2.5 million or more (or 50+ people severed in 6 months in a closure) — up to 26 weeks

☐ Paid 7 days after the last day, or on the next regular pay day if later

☐ Benefit plan contributions continue during the notice period

Above the minimum

☐ Is there an extra amount for signing the release? Is it clearly more than the ESA minimum?

☐ Common law notice can be higher than the ESA — ask an employment lawyer before signing

Other clauses

☐ What claims the release covers

☐ Non-compete, non-solicit, confidentiality — scope and length

☐ Reference and record of employment (ROE) date

☐ Return of company property

Dates

Letter received: [DATE] · Last day: [DATE] · ESA pay due: [DATE] · Reply requested by: [DATE]

This checklist and letter are not legal advice. For your own case, talk to an employment lawyer.

Reply to this document or get a deadline reminder: https://layers.md/ca/severance-package-review-ontario?from=reply-ca-severance-review