Add Comment Question: We had a full-time employee resign with company and a few years later came back with a new hire date. Now after 4 yrs and 2 months, company has terminated employee paying him 5 weeks in lieu of notice. Employee is asking for severance pay on top of in lieu of notice pay stipulating, he wants us to add his years of service prior to him resigning before. He work 4 years prior, resigned and was gone 2 years. Came back and worked 4 yrs 2 months. Employer is only responsible for his recent employment dates correct? Answer: Thanks for your message. My name is Lumi Pungea and I am an employment lawyer. If the company's payroll is at least $2.5 million then the departing employee's minimum entitlements consist of 4 weeks of statutory notice and between 8 and 9 weeks of statutory severance. The statutory severance portion is calculated as 1 week per completed year of service, including non-continuous service, plus a prorated amount for every partial year of employment. I will add that in the absence of an enforceable employment contract the employee's termination entitlements are not limited to the statutory minimums so I encourage you to contact me at the 416-216-5906. I can assist you in the negotiations with this particular employee and I can draft employment agreements for the new hires that will limit the company's liability. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.