If you’ve just been let go from your job in Windsor, you’ve likely been handed a folder containing a "Severance Offer" or a "Separation Agreement." Your employer might have told you it’s a generous offer. They might have even given you a tight deadline—perhaps only a few days—to sign it.
Before you pick up a pen, there is one thing you need to know: Most initial severance offers in Ontario are significantly lower than what the employee is actually entitled to under the law.
At the Randy Ai Law Office, we specialize in helping Windsor workers navigate these high-stakes moments. A severance package isn't just a parting gift; it is your financial bridge to your next career move. Our job is to make sure that bridge is as strong and as long as possible.
Why You Should Never Sign a Release Immediately
When you sign a severance offer, you typically sign a document called a "Full and Final Release." By signing this, you are legally waiving your right to ever ask for more money, better benefits, or to sue for wrongful dismissal later.
Employers in Windsor—from the big auto plants to small downtown firms—often use "exploding deadlines" to pressure employees. They want you to sign while you are still in shock. At the Randy Ai Law Office, we tell our clients: the deadline is almost always negotiable, but your rights are not. Taking 48 to 72 hours to have a professional review your package is your right. In most cases, we can help you secure an extension on that deadline while we perform a deep-dive analysis of your offer.
The "Two-Week" Myth: What Are You Really Owed?
One of the most common pieces of misinformation we hear at the Randy Ai Law Office is the "two-week rule." Many employees believe they are only entitled to one or two weeks of pay for every year they worked.
While the Employment Standards Act (ESA) sets out certain minimums, most non-unionized employees in Windsor are actually entitled to Common Law notice. Common Law is based on decades of court decisions, and it is almost always more generous than the government minimums.
The Bardal Factors: How We Calculate Your Fair Pay
When you bring your package to the Randy Ai Law Office, we don't just look at a chart. We analyze your situation based on the "Bardal Factors," which Windsor judges use to determine fair severance:
- Your Age: It is a reality of the job market that it often takes longer for older workers to find comparable roles. If you are over 50, your severance should reflect this difficulty.
- Length of Service: Your loyalty to a company has a dollar value. A 20-year employee is entitled to a much longer notice period than a 2-year employee.
- The Character of Employment: Senior executives and specialized technical staff often receive more severance because there are fewer "matching" roles available in the Windsor-Essex region.
- Availability of Similar Employment: If your industry is currently shrinking in Windsor, your severance should be higher to account for the extra time it will take you to find a new job.
What Should Be in a Professional Severance Package?
A severance package is about more than just your base salary. If your employer has only offered you a few weeks of your "regular pay," they are likely ignoring other critical components of your compensation.
At the Randy Ai Law Office, we ensure your review covers:
- Bonus Entitlements: If you were on track to receive a performance bonus, you may be entitled to a pro-rated portion of that bonus.
- Benefit Continuation: Your health, dental, and life insurance should ideally continue throughout your notice period.
- Pension and RRSP Matching: If your employer was contributing to your retirement, they should continue those contributions (or pay the cash equivalent) during the severance period.
- Car Allowances and Commissions: If these were regular parts of your take-home pay, they must be factored into your settlement.
- Vacation Pay: You are entitled to all accrued but unused vacation pay up to your last day of work.
The Randy Ai Law Office Difference: Our Review Process
We’ve designed our service to be as stress-free as possible during what we know is a very difficult time. Here is how we work with you:
Step 1: The Initial Consultation
We start with a conversation. We want to hear the story of your employment, your role, and how the termination went down. This helps us identify if there are additional claims, such as Constructive Dismissal or Human Rights violations.
Step 2: Document Deep-Dive
We review your original employment contract alongside your new severance offer. Many employers try to use "termination clauses" in old contracts to limit your pay. However, many of these clauses are legally unenforceable. The Randy Ai Law Office team is expert at spotting these "hidden" opportunities to increase your payout.
Step 3: Strategic Advice
We don't just tell you the offer is low; we tell you by how much and how we plan to get you more. We provide a realistic assessment of the risks and rewards of negotiating, so you can make an informed decision.
Step 4: Negotiation and Advocacy
If you choose to move forward, we handle the communication with your former employer. You don't have to talk to HR or your old boss again. We use professional, firm legal arguments to push for the package you deserve.
Special Considerations for the Windsor Market
Windsor is a unique economic environment. Between the heavy manufacturing presence and the growing tech and service sectors, the "reasonable notice" for a worker here might look very different than it does in Toronto or Ottawa.
The Randy Ai Law Office understands the local landscape. We know which companies are hiring and which are cutting back. We use this local knowledge to argue that your "re-employment" will be challenging, which is a powerful lever in getting you more money.
Frequently Asked Questions (FAQs)
1. Can I be fired for no reason in Windsor?
Yes. In Ontario, an employer can terminate your employment at any time "without cause," as long as the reason isn't discriminatory (based on age, race, disability, etc.). However, they must pay you fair severance.
2. My employer says I was fired "for cause." Do I still get severance?
Being fired "for cause" is the most serious action an employer can take, and it usually means no severance is paid. However, the legal bar for "cause" is extremely high. Often, what an employer calls "cause" is actually just poor performance or a minor mistake, which does not disqualify you from severance. Always have the Randy Ai Law Office check a "for cause" termination.
3. Does it matter if I am a part-time employee?
Absolutely. Part-time employees have rights to notice and severance just like full-time employees, pro-rated to their hours and length of service.
4. How much do your services cost?
At the Randy Ai Law Office, we believe in accessible justice. Depending on the case, we often work on a contingency fee basis. This means we only get paid if we successfully increase your severance package. There are often no upfront legal fees to get started.
Your Future Starts with a Review
Losing your job is a major life event, but it is also an opportunity to ensure your next step is taken on solid financial ground. Don't leave your future to chance or rely on the "goodwill" of a company that has just let you go.
Trust the Randy Ai Law Office to provide the clear-eyed, expert advice you need to protect your family and your career. We are the Windsor experts in employment law, and we are ready to fight for you.
Contact the Randy Ai Law Office today for a confidential severance package review. Let’s make sure you get every dollar you’ve earned.
