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Hi,
I'm reaching out to find out on employer's obligations on severance pay for an employee that we laid off. She started working for us on February 3 2020. Her last day of paid work is March 31st and we will be issuing her 4 weeks notice pay also as per her offer agreement. In this situation are we still obligated to pay her severance pay also ? As per my understanding, as per ESA the employer only has to pay severance pay if employee worked for more than 5 years and
Employer has a global payroll of at least $2.5 million. Since she didn’t work for 5 years or more I believe we’re not obligated to pay her severance pay. Please confirm. Below is what’s mentioned in her offer agreement under the termination clause:

Termination without Cause: The Company may terminate your employment under this Agreement without cause at any time upon providing you with the minimum written notice of 4 weeks or payment and benefits in lieu of notice (or a combination thereof), and minimum severance pay (if applicable) required by the Ontario Employment Standards Act (the “ESA”). Once the Company has provided you with the amount of notice or pay and employment benefits in lieu thereof, and any statutory severance pay (if applicable), the Company shall have no further obligation to you, financial or otherwise, arising out of the termination of your employment.

based on the information you have provided you do not have to pay the employee statutory severance upon termination. That said, without seeing the entire contract we cannot evaluate whether it is legally enforceable and binding. If you would like to have the contract evaluated, please contact us at the number below for a consultation.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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