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hi my name is Samuel Jaguar Im an employment lawyer with SB MB law some of the most common questions I get are about severance pay and how theyre calculated important to know that there are two ways to calculate severance pay in Ontario first is looking at the legislation thats the Employment Standards Act the second is the common law Employment Standards Act sets at a formula of one week per year to a maximum of eight weeks we call that notice pain in addition to notice pay we also have whats called severance pay which is calculated as an additional one week per year to a maximum of 26 weeks youre only entitled to the severance pay if two things are met number one youre there for at least five years and number two the employer has a payroll of at least 2.5 million dollars if both of these categories are met you would get both your notice pay calculation as well as your severance pay calculation now other than the Employment Standards Act we also potentially look at the common la