The reported closure of IBM’s Ottawa office has left many employees facing sudden and unexpected job loss.
If you’ve been affected, you’re likely feeling overwhelmed and uncertain about what comes next. At Nelligan Law, we want you to know that you have rights and options.
Whether you’ve been laid off as part of a large restructuring or through an individual termination, Ontario law provides protections that can help you navigate this transition with clarity and confidence. Here’s what you need to know.
Your Legal Entitlements Under Ontario Law
Ontario’s Employment Standards Act (ESA) sets out minimum standards for employees who are terminated. These include:
- Final Pay: You’re entitled to all earned and unpaid wages up to your last day of work. This includes salary, commissions, bonuses, and unused vacation pay.
- Notice or Pay in Lieu: You must receive either advance notice of termination or compensation instead. The ESA provides one week of notice per year of service, up to a maximum of eight weeks.
- Statutory Severance Pay: If you’ve worked for IBM for five years or more, you may be entitled to additional severance—up to 26 weeks.
- Group Termination Protections: If 50 or more employees are let go within a short period, enhanced notice requirements may apply.
These are minimum standards—many employees are entitled to significantly more under their employment contracts or common law.
Your Employment Contract May Offer More
Your employment contract may contain a termination clause that outlines severance entitlements beyond ESA minimums. This could include:
- A specific formula for calculating severance.
- Additional compensation or benefits.
- Conditions requiring you to sign a release in exchange for payment.
Important: Do not sign any documents—especially a release—without legal advice. Many termination clauses are unenforceable, which could mean you’re entitled to greater compensation than what’s initially offered.
Common Law Rights: Reasonable Notice
If your contract lacks a valid termination clause—or if you don’t have a written contract—you may be entitled to reasonable notice under common law. This judge-made law often provides more generous compensation than the ESA.
Factors that influence reasonable notice include:
- Length of service
- Age
- Seniority of your role
- Ease of finding comparable employment
- Whether you were recruited from another stable job
- Non-compete or non-solicit clauses in your contract
As a general guideline, common law notice is approximately 4–5 weeks per year of service. For example, someone with 10 years of service could be entitled to 10–12 months of compensation.
What’s included in common law compensation?
- Base salary
- Bonuses (if payable during the notice period)
- Commissions or performance incentives
- Benefits continuation
If your termination offer only includes base salary, you may be missing out on significant entitlements.
Your Duty to Mitigate
Under Ontario law, you’re expected to make reasonable efforts to find comparable work after termination. If you secure a new job during your notice period, your former employer may reduce your severance accordingly.
However, you’re not required to accept a job that’s significantly below your previous compensation or seniority level.
When Termination May Be Unlawful
While employers can terminate without cause, the manner of termination matters. You may be entitled to additional damages if:
- You were terminated in retaliation for asserting your rights under a statute.
- You experienced discrimination leading up to your termination.
- Your employer acted in bad faith (e.g., withheld your Record of Employment or unpaid wages).
These damages are often non-taxable and separate from severance.
What to Do During the Termination Meeting
Whether your termination is delivered in person or virtually, here’s how to protect yourself:
- Don’t sign anything during the meeting.
- Take notes and ask for copies of key documents (employment contract, benefits info, bonus plans).
- Forward termination documents to your personal email if needed.
- Consult a lawyer before responding or negotiating.
Trying to negotiate on the spot—especially under stress—can lead to costly mistakes. Let a legal professional review your documents and guide you through next steps.
How Nelligan Law Can Help
If you’ve been affected by the IBM Ottawa closure—or any other restructuring—our employment law team is here to support you. We offer:
- Contract and severance package reviews
- Advice on ESA and common law entitlements
- Negotiation of improved severance packages
- Guidance on mitigation and unlawful termination claims
Call us at 613-238-8080 to book a consultation. We’ll walk you through the process, explain your options, and help you protect your rights.
