Employment law · Ontario
Five short inputs about the role, the salary, and the termination. The result is the ESA statutory minimum, the common-law Bardal range, and a side-by-side total, before you sign any release.
LSO Reg. 91022I · EN | PT · Both sides of the table · Ontario
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What is the Ontario reasonable-notice range on your file?
Five short inputs about salary, years of service, age, position, and termination type. The result is the ESA statutory minimum, the common-law Bardal range, and the dollar value of each, before you sign anything.
Step 1 of 6
Include base salary. Variable pay (bonus, commission) is handled separately in the brief.
Who this is for
Each entry below names a decision and the legal structure DRG Law writes around it. If the matter on your desk fits one of these, send it to Damaris.
An employer's severance offer rarely reflects what an employee is owed under Ontario common law. DRG Law calculates the Bardal-factor range (age, length of service, position, availability of similar employment) and writes the counter-position in plain English before any release is signed.
Termination clauses, restrictive covenants, intellectual property assignment, and variable pay structure all carry the real cost in an employment contract. DRG Law reads the contract the way the employer's lawyer wrote it and names what to ask for before the offer is accepted.
Ontario employment contracts have to comply with the Employment Standards Act and current termination-clause case law (which moves often). DRG Law writes the contract template once and updates it as the law changes.
Constructive dismissal, harassment complaints, and wrongful dismissal claims need a written record from the start. DRG Law writes the demand or response letter, names the strongest legal ground, and routes to litigation counsel when the file goes to court.
How DRG Law writes it
Severance work runs on the same written brief: risk, cost, timeline, decision, next step. The math behind the range is documented; the file moves on the facts.
Length of service, age, position, and availability of similar employment combine into the common-law reasonable notice range. The math is documented; nothing is left to instinct.
Post-Waksdale (ONCA 2020), most pre-2020 termination clauses fail. DRG Law confirms whether the contract's termination clause limits the common-law range, or whether the full range remains available.
Before any release is signed, DRG Law writes the counter-position naming the gap between the employer's offer and the Bardal range, the legal basis for the gap, and the tax treatment the package should take.
Common questions
Ontario severance has two layers: the Employment Standards Act minimum (one week per year of service, capped at eight weeks) and the common-law reasonable notice (typically two to four weeks per year of service, weighed against the Bardal factors — age, position, length of service, availability of similar employment). The common-law number almost always exceeds the ESA minimum. DRG Law calculates both before any release is signed.
Not before the offer is reviewed. The release is a full waiver of every legal claim the employee has against the employer. Once signed, the negotiating leverage is gone. DRG Law reviews the offer, names the gap against the common-law range, and writes the counter-position before any signature moves.
A constructive dismissal happens when an employer unilaterally changes a fundamental term of employment (pay, role, location, hours) without the employee's agreement. The employee can treat the change as termination and pursue severance as if they had been let go. DRG Law writes the record and names the legal ground before any action is taken.
Two years from the date of termination, under the Ontario Limitations Act. ESA complaints are subject to a separate six-month limitation. Acting earlier keeps the record fresh and preserves negotiating leverage.
Before terminating without cause, an Ontario employer should confirm the employment contract's termination clause is enforceable (recent case law has narrowed enforceability), calculate ESA minimums, estimate common-law reasonable notice, and decide whether the termination package will be ESA-only or include the common-law top-up. DRG Law writes the termination decision before the conversation happens.
Yes, on different files. A conflict check runs at the start of every matter. DRG Law cannot act for both sides on the same termination or contract.
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Damaris reads every intake personally and writes back in English or Portuguese.