EI and Severance
Apply Early. Don't Lose Either.
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Your partner on the path toYour partner toyour EI flowing.
Severance changes when EI starts, not whether you get it. Apply early. Mirza Law makes sure you get both, so you can move on.
Do not sign anything.
One signature settles everything: your notice, your bonus, your benefits, your claim. Get the offer checked first. The review is free.
Your offer letter, annotated.
Dear Employee,
"This offer represents two (2) weeks' pay per year of service"
There is no weeks-per-year rule. Courts set severance by your age, your role, and your length of service. For most people it's measured in months.
"Payment has been calculated based on your base salary"
Your bonus, commissions, benefits, and pension count too. An offer built on salary alone is almost always too low.
"This offer is made in accordance with the Employment Standards Act"
The minimum the law allows is the floor, not the real number. Most employees are owed the common law amount, which sits on top of it.
"This offer remains open until Friday at 5:00 p.m."
Their deadline, not yours. Your claim is good for two years. Deadlines like this exist to get a signature before you get advice.
"In exchange, you agree to release all claims against the company"
The only sentence in the letter you can't undo. Everything above it can still change. This one can't, once you sign.
Sincerely,
Human Resources
"You get both. Severance doesn't cost you your EI, it just delays when it starts. Apply right away, and don't let a wrong record block your benefits."
As Featured In
From offer
to what you're owed
Free review
Send your termination letter, your offer, and your employment contract. We read the fine print and work out what you're really owed, not just the legal minimum.
Negotiation
We send your employer the real number in writing, with the court cases that back it up. Most claims settle right here, with no courtroom. We push until the offer matches what you're owed.
Resolution
We check the fine print on the release, you sign, and your settlement lands in your bank account. This chapter closes and you move forward on your terms.
What could you be owed?
Courts decide reasonable notice using your age, position, tenure, and the job market. Run your numbers.
Your severance isn't just salary.
The estimate above is computed on salary alone. Severance is owed on what you actually earned: average bonus, commission, benefits continuation, pension match. If it was part of your pay, it's part of your severance.
The free review prices every line.
Amir Mirza
Managing Attorney
Licensed: 2017EI and severance in Ontario, explained
Does severance cancel your EI?
No. Severance affects when EI starts, not whether you get it. Your severance is spread across the weeks after you leave, and EI kicks in once that runs out. You don't lose EI by getting severance; it just waits its turn. You're entitled to both, in sequence.
Apply right away, the same week if you can
Applying for EI doesn't accept your employer's offer and doesn't sign away your claim, they're separate things. Waiting can actually make it harder to qualify later. Get the application in as soon as you're let go, then deal with the severance.
“You qualified for EI, so we don't owe severance” is false
EI is a government benefit you paid into. It has nothing to do with what your employer owes you, and they can't point at it to get out of paying severance. These are two separate things, and you're entitled to both.
When a “for cause” record blocks your EI
A Record of Employment that says you were fired for cause can stall your EI. But most for-cause claims don't hold up, and when the label comes off, the record can usually be corrected so your benefits flow. Don't accept a blocked EI claim as the final word, especially when the firing itself may be wrong.
What about paying some back later?
If you collect EI and then get a severance settlement covering the same weeks, there can be a repayment of the overlap. It's normal, and it's handled as part of the settlement, not a reason to delay applying. Get the EI now, sort the accounting later.
The order that protects you
Apply for EI immediately, and have your real severance number checked separately, before you sign anything your employer puts in front of you. The review is free, and we work on contingency.
Our Clients
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I couldn't be happier with the legal representation I received from Mirza Law. Amir negotiated a significantly higher severance package from what I was initially offered. I’m very grateful for the outcome. He explained every step of the process and was responsive throughout my case.
I highly recommend Amir Mirza if your long-term disability insurance claim was denied and you are considering taking legal action. Amir provided me with several options and explained how the process works very thoroughly. He took the time to answer all of my questions and concerns and always responded in a timely manner. I appreciated his caring approach during a stressful time in my life and never felt pressured to pursue litigation when speaking with him.
Mirza Law was professional, responsive, and easy to work with. The team provided clear guidance throughout the process and made everything straightforward to understand. I appreciated their support and would recommend them to anyone looking for reliable legal assistance.
I can't say enough great things about my experience with this firm. Amir was incredibly helpful and secured a much better settlement than I was initially offered. Couldn't have asked for more. I would definitely recommend Mirza Law.
My wife's long term disability benefits were cut off after two years and the team at Mirza Law helped us to get them back. We were working with Amir who dealt with our insurance company directly. He took the time to explain the whole process and laid out our options so we always understood where things stood.
I reached out to this law firm after being denied by Manulife for my long term disability benefits. Amir is genuinely one of the kindest and caring lawyers I have ever met. He guided me through this very difficult period in my life. I understood each part of the process and never felt rushed.
I couldn't be happier with the legal representation I received from Mirza Law. Amir negotiated a significantly higher severance package from what I was initially offered. I’m very grateful for the outcome. He explained every step of the process and was responsive throughout my case.
I highly recommend Amir Mirza if your long-term disability insurance claim was denied and you are considering taking legal action. Amir provided me with several options and explained how the process works very thoroughly. He took the time to answer all of my questions and concerns and always responded in a timely manner. I appreciated his caring approach during a stressful time in my life and never felt pressured to pursue litigation when speaking with him.
Mirza Law was professional, responsive, and easy to work with. The team provided clear guidance throughout the process and made everything straightforward to understand. I appreciated their support and would recommend them to anyone looking for reliable legal assistance.
I can't say enough great things about my experience with this firm. Amir was incredibly helpful and secured a much better settlement than I was initially offered. Couldn't have asked for more. I would definitely recommend Mirza Law.
My wife's long term disability benefits were cut off after two years and the team at Mirza Law helped us to get them back. We were working with Amir who dealt with our insurance company directly. He took the time to explain the whole process and laid out our options so we always understood where things stood.
I reached out to this law firm after being denied by Manulife for my long term disability benefits. Amir is genuinely one of the kindest and caring lawyers I have ever met. He guided me through this very difficult period in my life. I understood each part of the process and never felt rushed.
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