My brother in law passed away this summer. He was my employee for 8 years.

Is there a legal way for me to pay a severence to him or his spouse? I am thinking one years severence.

Thank you for your question. If an employee in Ontario dies suddenly while they are still employed, the rule is the same and no severance is owed. In addition, if the employee is no longer able to work due to illness or injury, the law still considers the employment “frustrated”.

However, an employee who becomes terminally ill while employed is still entitled to their minimum statutory termination pay and severance pay under Ontario’s Employment Standards Act, 2000, even if that terminal illness is the sole reason why they could no longer work. The employee is entitled to severance, but it is much less than they would be owed for a regular termination. Importantly, the employee may pursue this entitlement even if the employer refuses to acknowledge that employment is no longer possible.