It is a common myth that part-time workers do not get severance. In Ontario, part-time employees working 15 to 20 hours a week are legally entitled to common law severance pay, which can reach up to 24 months of average compensation based on age, tenure, and position.
There is a widespread and harmful misconception across Ontario that if you are a part-time employee, you have no real job security. Many workers in cities like Toronto, Ottawa, and Mississauga believe that working 15 to 20 hours a week means they can be fired with zero notice or compensation. Employers often feed into this myth, handing part-time staff a bare-minimum termination letter and sending them out the door without a second thought.
The reality of Ontario employment law is entirely different. 🔍 Whether you work 10 hours a week at a retail store, or 25 hours a week as a specialized consultant, your rights under the Employment Standards Act (ESA) and the common law are rigorously protected. The Superior Court of Justice views part-time work as valuable and essential. We will clearly break down how severance is calculated for part-time schedules, ensuring you do not walk away from thousands of dollars in May 2026.
Step-by-Step Process in Ontario for Part-Time Workers
Calculating your entitlements when your hours constantly fluctuate requires looking at your historical earnings. If you have been wrongfully dismissed from a part-time role, follow these general steps to determine your true severance value.
Step 1: Calculate Your Average Weekly Wage
Because part-time hours often vary, you cannot simply look at your last pay cheque. 💰 Under the ESA, your basic statutory termination pay is generally calculated by averaging your regular wages earned over the 12 weeks immediately preceding your termination. However, for enhanced common law severance, a lawyer will usually look at your T4 tax slips from the past two or three years to establish a fair and accurate average of your annual compensation.
Step 2: Determine Your ESA Statutory Minimums
Just like full-time staff, part-time employees are entitled to ESA minimums. If you have worked somewhere for 4 years, you are generally owed 4 weeks of termination pay, calculated at your part-time average wage. If the company has a global payroll over $2.5 million CAD and you have 5+ years of service, you also qualify for statutory severance pay, regardless of your part-time status.
Step 3: Evaluate the “Bardal Factors” for Common Law
Common law severance is where the significant money lies. 📈 The courts determine your “reasonable notice period” using the Bardal factors: your age, length of service, the character of your employment, and the availability of similar part-time jobs in your local Ontario market. A 60-year-old who worked part-time for 15 years might be entitled to 12 to 15 months of their average part-time pay.
Step 4: Send a Formal Legal Demand
Do not let an HR department brush you off simply because you were not working 40 hours a week. Retaining a local employment lawyer to draft a formal demand letter signals to the employer that you understand your common law rights. The lawyer will demand your full months of pay in lieu of notice, plus any unpaid vacation pay.
| Employment Myth | The Legal Reality in Ontario |
|---|---|
| Part-time workers get no severance. | False. They have the same common law rights as full-time staff. |
| Severance is only 1 week per year. | False. Common law often provides 3 to 4 weeks per year. |
| Fluctuating hours means zero pay. | False. Courts average your historical earnings (T4 slips). |
| Benefits stop immediately. | False. Employer must continue benefits during the ESA notice period. |
How Much Does it Cost to Hire a Lawyer in Ontario?
Part-time workers often worry that legal fees will eclipse their entire severance package. Fortunately, the legal industry offers solutions to make representation affordable:
- Flat Fee Review: Having an employment lawyer review your part-time termination letter and average wage calculations usually costs between $300 and $600 CAD.
- Contingency Model: If the lawyer negotiates for a larger common law package, they frequently operate on a contingency basis, taking 25% to 35% of the new money they secure for you, meaning no upfront hourly billing.
How Long Does the Severance Process Take?
Securing a settlement for a part-time position usually follows standard timelines. Once your lawyer sends a demand letter, an employer will often realize they cannot hide behind the “part-time” excuse and will settle within 4 to 8 weeks. If they stubbornly refuse and litigation at the Superior Court is necessary, it can take roughly 12 to 18 months.
Frequently Asked Questions (FAQ)
Can I claim EI if I only worked part-time?
Yes, provided you accumulated enough insurable hours in the 52 weeks before your termination. Service Canada determines the required hours based on the unemployment rate in your specific Ontario region, often ranging from 420 to 700 hours.
What if I worked multiple part-time jobs?
If you lose one part-time job but keep the other, your severance from the lost job is calculated solely based on the wages from that specific employer. Keeping your second job generally does not negatively impact your severance claim for the first job.
Are seasonal part-time workers entitled to severance?
True seasonal workers who are hired for a specific few months each year and then let go are typically exempt from ESA severance. However, if you worked continuously year-round on a part-time basis, you are fully entitled to common law notice.
Should my vacation pay be included in the severance?
Absolutely. Part-time workers earn vacation pay (usually 4% or 6%). Any accrued but unpaid vacation must be paid out immediately, and vacation pay must also be factored into your common law severance period.
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