I have an employee who has worked with us for over 13 years, employment standards says anything above 8 years or more is only entitled to 8 weeks plus severance, I just wanted to know if they should receive 13 weeks termination pay in stead of 8?

The answer to your specific question is "no", because just as you've written, under Ontario minimum standards legislation, the entitlement to working notice or "termination pay" in lieu of working notice tops out (reaches a maximum) after 8 years of employment. If an employee has 8 or more years of employment, that employee is entitled to a maximum of 8 weeks of notice or 8 weeks of termination pay in lieu of that notice under the Employment Standards Act, 2000 (ESA). As you have already noted, such an employee may also be entitled to "severance" pay under the ESA - employees with 5 or more years of employment may be entitled to severance pay if the employer has an annual payroll of at least $2.5 million or more. Therefore, whether your employee is also owed ESA severance pay in addition to notice/termination pay depends on the size of your payroll. If you have a sufficiently large payroll, this employee's ESA minimum entitlements would be to 8 weeks of notice (or termination pay in lieu thereof) plus an additional 13 weeks of severance pay, for a total minimum ESA entitlement of 21 weeks. BUT PLEASE NOTE that this is the employee's MINIMUM statutory entitlements only - under the common law, this employee may be owed SIGNIFICANTLY more notice/pay in lieu thereof. In order to fully understand your organization's potential exposure (and to avoid a claim of "wrongful dismissal"), I recommend that you contact our firm for more information.