Employment Law BlogHow Much Severance Are You Owed After 6 Years in Ontario?

26 March 2025

Fired after 6 years OntarioBeing suddenly terminated after six years with your employer can feel like the rug has been pulled out from under you. Whether you saw it coming or not, getting fired without warning is a jarring experience — emotionally and financially. If this happened to you in Ontario, the good news is: you likely have legal rights and options that go far beyond what your employer may offer. This blog answer the question: How Much Severance Are You Owed After 6 Years in Ontario?

This guide breaks down what you need to know about Ontario’s employment laws — including your right to notice, severance pay, and potential compensation for wrongful dismissal. We’ll also explain the difference between your statutory rights under the Employment Standards Act (ESA) and your common law entitlements, which can be much more generous.

Fired after 6 years in Ontario – is it legal?

Yes — but only if your employer follows the law. In Ontario, employers can fire you without cause, but they must give you advance notice or pay in lieu of notice. If they failed to do either, you may have been wrongfully dismissed.

And if you’ve worked for the same employer for over five years (like you have), you may also be entitled to severance pay, depending on the company’s size and payroll.

So, How Much Severance Are You Owed After 6 Years in Ontario??

Someone fired after 6 years might be entitled to around 9 months of pay or more under common law — not just the 6 weeks your employer might suggest under the Employment Standards Act.

What does Case Law say

In the case of Liu v. Dot Benefits Corp., the Ontario court considered the wrongful dismissal of C. Liu, a 48-year-old Junior Benefits Analyst earning $39,870 annually. Liu had been employed in a clerical role with the insurance industry employer for just over 9 years. Upon termination, the court assessed her entitlement to reasonable notice under common law, considering her age, position, length of service, and limited salary progression. The court ultimately determined that Liu was entitled to 9 months of notice, significantly exceeding the minimum standards under the Employment Standards Act, reinforcing the principle that long-service employees in modest roles may still warrant substantial common law notice periods.

In Wood v. Fred Deeley Imports Ltd., the Ontario Court of Appeal reinforced the importance of compliance with the Employment Standards Act, 2000 (ESA) when drafting termination clauses. The employee, hired in 2007 as a Sales and Event Planner, was terminated in 2015 after over eight years of service at age 48, following the sale of the employer’s business assets. Her employment contract included a termination clause providing two weeks’ notice or pay per year of service, and she received 13 weeks’ working notice plus eight weeks’ pay.

Although the motion judge initially upheld the termination clause, the Court of Appeal allowed the appeal, holding that the clause was unenforceable for two key reasons:

  1. It excluded the employer’s obligation to continue benefits during the notice period, and

  2. It failed to account for statutory severance pay under the ESA.

As a result, the Court found the employee was entitled to reasonable notice under common law, and upheld the motion judge’s provisional award of nine months’ notice.

What Should You Do If You’ve Been Let Go Without Warning?

  1. Don’t Sign Anything Yet.
    Employers often present termination packages that waive your rights in exchange for a quick payout. Take your time.

  2. Document Everything.
    Keep your termination letter, emails, contracts, and performance reviews. These can help in building your case.

  3. Talk to us!
    Legal advice can help you understand your true entitlements and negotiate a much better outcome.

Why You Deserve More

You gave six years to your employer — building skills, loyalty, and value. The law recognizes that. You’re not just a number. You’re entitled to a fair transition, and often that means many months of pay, not weeks.

If you’ve been fired after 6 years in Ontario, don’t assume your employer’s offer is the final word. You may be owed far more than they’re letting on. We can review your case — in a free consultation — and help you fight for what you deserve.