HI, I am about to terminate an employee who has been with us just over 3 years (37 months). He is a sales person who is underperforming, and is 66 years old. I have found on the Ontario Labour Standards website that he is entitled to 3 weeks termination pay. I have been told by business acquaintances the I should pay him 3 months, and one even suggested 6 months. YIKES! We are a small business of only 4 employees, including the person being terminated. What would be the standard termination payment in this situation?

Unless this employee signed a contract limiting him or her to the minimum termination entitlements provided under the Employment Standards Act, the advice you have been given by acquaintances is generally good advice in the sense that this employee's entitlement is likely more than 3 weeks and could even be as high as 3 to 6 months depending on the precise circumstances. The entitlement to 3 weeks of notice or termination pay in lieu thereof (if the employee has more than 3 years, but less than 4 years of service) is a MINIMUM entitlement only, and the employee may be entitled to (and could sue for) more notice/pay-in-lieu-of-notice under the "common law". How much more is a matter for legal advice and we strongly recommend that you seek legal advice before making any final decisions as to how you will proceed and what notice/pay-in-lieu of notice you will offer. There is no "standard" termination payment, as you have put it, but we invite you to contact our firm for an assessment as to your obligations in these circumstances.