How to File a Severance Claim Ontario 2026
Everything you need on how to file a severance claim in Ontario in 2026 — the free Ministry of Labour claim, the two-year deadline that quietly closes the door, and when a lawyer is the better route.
Last updated: July 2026 · Ontario Ministry of Labour · Employment Standards Act, 2000
When You Can File
If your employer has not paid the termination pay or severance pay you are owed under the Employment Standards Act, you can file a free claim with the Ministry of Labour, Immigration, Training and Skills Development. An employment standards officer investigates and can order your employer to pay. There is no cost, and you do not need a lawyer to use it.
The deadline is the thing to watch. You must generally file within two years of the ESA violation — that is, within two years of when the money should have been paid. Wages owed are recoverable for the two-year window before your claim. Miss the two years and the claim is out of time, so if you are owed money, do not sit on it.
One choice to make up front: you generally cannot pursue both an ESA claim and a court action for the same termination. The free ESA claim recovers the statutory minimum; a court claim can pursue the larger common-law amount but needs a lawyer. Decide which route fits before you file — the next section explains the trade-off.
🔗 File here: File an Employment Standards claim online — Ontario Ministry of Labour. The online claimant portal lets you start, submit and track your claim, and upload documents.
How to File
The claim is filed online through the Ministry of Labour claimant portal. You create a My Ontario account, complete the claim form, and submit it electronically. Once filed you can sign back in to check the status of your claim and upload supporting documents.
There is a short video walkthrough on the Ontario government site explaining what to expect. If you have already started a claim, you return through the same portal to continue it, check its status, or add documents. The process is designed to be done without legal help, though nothing stops you getting advice first.
Documents You Need
Gather the paperwork that shows what you were owed and what you were paid:
- Your record of employment (ROE) and any termination letter
- Recent pay stubs showing your regular wages and hours
- Your start date and last day of work, to establish length of service
- Any written employment contract, especially a termination clause
- Correspondence about your dismissal — emails or letters about notice, pay, or the reason given
- A record of what you have been paid since termination, if anything
You do not need every document to start, but the more you can show, the faster an officer can assess what you are owed. Your length of service and regular weekly wage are the two facts that drive the entire calculation.
ESA Claim or a Lawyer?
This is the decision that matters most. The free ESA claim is the right route when your employer simply failed to pay the statutory minimum and the amount is clear — it costs nothing and an officer does the work. It is capped at the ESA entitlement: up to 8 weeks’ termination pay plus up to 26 weeks’ severance pay.
A lawyer and a court claim make sense when your likely common-law entitlement is much larger than the ESA minimum — common for long-service, senior or older employees, where reasonable notice can run to many months. You cannot get common-law notice through the free ESA process; it requires a civil claim. Many employment lawyers offer a free initial consultation and work on contingency, so it costs nothing to find out whether your case is worth more than the statutory floor. As a rule of thumb: if the ESA number feels small next to a long or senior career, get a legal opinion before you accept it.
If Something Goes Wrong
If you are pressured to sign a release quickly, do not. Employers sometimes offer a severance package in exchange for signing away further claims, on a tight deadline. You are entitled to take time to review it, and once signed you generally cannot reopen it — so a review by a lawyer before signing is often the single most valuable step you can take.
If your claim is denied or your employer disputes it, the employment standards officer’s decision can be reviewed by the Ontario Labour Relations Board. There are deadlines for requesting that review, so act promptly once you receive a decision.
If you have lost your job, two things run in parallel with any severance claim: apply for EI within four weeks of your last day, and if you were part of a group layoff, check whether the mass-termination rules give you more notice than the individual schedule.
Frequently Asked Questions
How do I claim unpaid severance in Ontario?
File a free Employment Standards claim online through the Ontario Ministry of Labour claimant portal. An employment standards officer investigates and can order your employer to pay. You must generally file within two years of when the money should have been paid.
How long do I have to file a claim?
Generally two years from the date of the ESA violation. Wages owed are recoverable for the two years before you file. After the two-year window the claim is out of time, so file promptly if you are owed termination or severance pay.
Should I sign the severance package my employer offered?
Not without reviewing it, and ideally not without a lawyer’s eye if the amount seems low for your length of service. Signing usually waives your right to claim more, including common-law notice that can be far above the ESA minimum. You are entitled to time to consider an offer before signing.
Do I need a lawyer to file an ESA claim?
No. The ESA claim is designed to be filed without legal help and costs nothing. You would want a lawyer only if you are pursuing common-law notice above the statutory minimum, which is a separate court process — many offer a free first consultation to tell you whether that is worthwhile.
📋 Verified with official sources: Ontario — ESA: Filing a claim · Ontario — File an Employment Standards claim · Ontario — ESA: Severance pay
⚠️ This is general information, not financial, tax or legal advice. KnowMyGovt is an independent service with no affiliation with or endorsement by the Ontario Ministry of Labour or the Government of Ontario, and is not responsible for decisions you make based on it. For advice on your specific situation, consult an employment lawyer.
