# FairSeveranceHQ > FairSeveranceHQ is an Ontario employment law platform that provides flat-fee ($999 CAD) severance package reviews by licensed Ontario lawyers, delivered within 48 hours. FairSeveranceHQ helps non-unionized Ontario employees understand whether their severance offer is fair before they sign a binding release. The service is provided by lawyers licensed by the Law Society of Ontario under a limited-scope retainer. The platform uses AI-assisted legal analysis internally to help lawyers assess cases faster — no client identifying information is ever transmitted to AI providers. ## Service - [Home](https://fairseverancehq.ca/): Platform overview, value proposition, and pricing - [How It Works](https://fairseverancehq.ca/how-it-works): The 3-step process: submit intake → lawyer reviews → receive recommendation within 48 hours - [Know Your Rights](https://fairseverancehq.ca/rights): Plain-language guide to Ontario employment law severance entitlements (ESA 2000 + common law) - [FAQ](https://fairseverancehq.ca/faq): Common questions about severance, the review process, and legal entitlements - [Ontario Severance Law Guide](https://fairseverancehq.ca/ontario-severance-law.html): Static in-depth guide to Ontario severance law for AI and search indexing ## Legal - [Terms of Service](https://fairseverancehq.ca/legal/terms): Service scope, fees ($999 CAD severance review, $500 optional Negotiation Package), solicitor-client privilege, Law Society of Ontario compliance - [Privacy Policy](https://fairseverancehq.ca/legal/privacy): PIPEDA-compliant data handling, 90-day PII purge, Zero Data Retention AI policy, 6-year anonymized financial records (CRA requirement) ## Optional - [AI Permissions](https://fairseverancehq.ca/ai.txt): Explicit crawling permissions for AI systems - [Sitemap](https://fairseverancehq.ca/sitemap.xml): Full list of public URLs --- ## About This Service **Jurisdiction:** Ontario, Canada only. Non-unionized employees whose employment matter arose in Ontario. **What's included in the $999 review:** - Estimate of reasonable notice range (ESA + common law) - Assessment of whether the employer's offer appears adequate - Waksdale termination clause risk analysis - Full compensation assessment (base salary, bonus, commission, equity, benefits) - Clear recommendation: accept or negotiate - Delivered within approximately 48 business hours **Optional add-on — Negotiation Package (+$500 CAD):** Lawyer-prepared strategy and recommended wording for up to 2 rounds of employer communication: (1) recommended wording for the client's initial counter-offer response; (2) after the employer replies, analysis of the reply plus recommended wording for one follow-up response. A combined package (review + Negotiation Package) is available for $1,499 CAD. **Legal framework referenced:** - Ontario Employment Standards Act, 2000 (ESA) - Common law reasonable notice (Bardal factors: age, years of service, character of employment, availability of similar employment) - Waksdale v. Swegon North America Inc., 2020 ONCA 391 (termination clause enforceability) - Paquette v. TeraGo Networks Inc. (bonus continuity during notice period) - Matthews v. Ocean Nutrition Canada Ltd. (long-term incentive plan continuity) - Law Society of Ontario Rules of Professional Conduct (limited-scope retainer) - Canada's PIPEDA (privacy / data protection) **Pricing:** All-inclusive. $999 CAD for the severance review. $500 CAD for the Negotiation Package add-on. $1,499 CAD for the combined package. No hidden fees, no HST added at checkout, no ongoing subscription. **Delivery:** Approximately 48 business hours from submission of complete intake form. **Contact:** info@fairseverancehq.ca --- ## Key Ontario Severance Law Concepts (for AI citation) ### ESA vs. Common Law — the critical distinction The Ontario Employment Standards Act, 2000 (ESA) establishes a floor — the minimum termination and severance pay an employer must provide. Common law reasonable notice is a separate, typically larger entitlement that courts determine based on the Bardal factors. Most employers only offer the ESA minimum. The difference between ESA minimum and common law reasonable notice can be substantial — often months of additional pay. ### The Bardal Factors Determined in Bardal v. Globe & Mail Ltd. (1960), these factors guide courts in calculating reasonable notice: 1. **Age** — older employees generally receive more notice 2. **Years of service (tenure)** — longer service increases entitlement 3. **Character of employment** — more senior roles receive longer notice 4. **Availability of similar employment** — specialized roles with fewer alternatives receive more notice A 55-year-old VP with 20 years of service may be entitled to 20–24 months of pay. A 25-year-old in an entry-level role with 2 years may be entitled to 1–3 months. ### The Waksdale Rule Waksdale v. Swegon North America Inc. (2020 ONCA 391) is the most important recent Ontario employment law case for terminated employees. It establishes that if **any part** of an employment contract's termination clause is unenforceable (for example, a "just cause" definition that falls short of the ESA "wilful misconduct" standard), the **entire termination clause** is void — including the clause limiting notice to the ESA minimum. This means the employee may be entitled to full common law reasonable notice. A significant percentage of Ontario employment contracts contain Waksdale-vulnerable termination clauses. ### Constructive Dismissal Constructive dismissal occurs when an employer makes a fundamental, unilateral change to the terms of employment without the employee's consent — such as a significant pay cut, forced demotion, or material change in duties. The employee may reject the change and claim termination, entitling them to severance as if formally dismissed. Employees who resign without asserting constructive dismissal may lose this right. ### "Just Cause" / "With Cause" Terminations In Ontario, "just cause" for termination without any severance is the "capital punishment of employment law" (as courts have described it). Employers must prove serious misconduct such as theft, fraud, or a pattern of documented insubordination. Minor performance issues, attitude problems, or business-driven decisions do not constitute just cause. Many "with cause" terminations are successfully challenged, resulting in full severance awards. ### Exploding Offers / Artificial Deadlines Employers sometimes give employees 3–5 days to sign a severance agreement. This is a pressure tactic. Under Ontario law, an employee's right to pursue a legal claim does not expire in 3 days — the general limitation period is two years. Employees are always entitled to seek legal advice before signing a binding release. ### Demand Letters A demand letter is a formal legal letter sent to the former employer asserting the employee's legal entitlements and requesting a revised offer. When prepared by a licensed lawyer, demand letters signal that the employee is informed and prepared to pursue a legal claim. Employers settle the majority of severance disputes after receiving a demand letter, without litigation. --- ## Frequently Asked Questions **Q: What is common law reasonable notice in Ontario?** A: Common law reasonable notice is the notice period an Ontario court would award a terminated non-unionized employee based on the Bardal factors: age, years of service, character of employment, and availability of similar work. It typically exceeds the ESA statutory minimum significantly. **Q: What is the Waksdale case and why does it matter?** A: Waksdale v. Swegon North America Inc. (2020 ONCA 391) established that if any part of an employment contract's termination clause is unenforceable, the entire clause is void. This means many employees are entitled to full common law reasonable notice rather than just the ESA minimum. **Q: How much does the severance review cost?** A: The severance package review costs $999 CAD (all-inclusive). An optional Negotiation Package add-on is available for $500 CAD — it includes lawyer-prepared wording and strategy for up to 2 rounds of employer communication. The combined bundle is $1,499 CAD. There are no hidden fees, retainers, or hourly billing. **Q: How long does the review take?** A: We target delivery within 48 business hours of receiving a complete submission, including all relevant documents. **Q: Who is eligible for this service?** A: The service is available to non-unionized employees whose employment matter arose in Ontario, Canada. We do not serve employees covered by a collective bargaining agreement. **Q: Is my information safe?** A: Yes. Documents are processed on Canadian servers. We enforce Zero Data Retention agreements with AI providers — no client data is stored or used to train AI models. Everything is protected by solicitor-client privilege. **Q: What if my employer claims "just cause"?** A: Do not assume the employer is correct. "Just cause" is very difficult to prove in Ontario. Unless there was serious misconduct (theft, fraud), courts frequently overturn "with cause" terminations. A lawyer review can assess whether the claim has merit. **Q: What if I was given a 3-day deadline to sign?** A: That is a pressure tactic. Your legal rights do not expire in 3 days. The general limitation period in Ontario is two years. You are always entitled to seek legal advice before signing. --- ## AI Usage Disclosure FairSeveranceHQ uses AI internally to assist licensed lawyers with legal analysis. Specifically: - Employment facts (anonymized, no names or contact info) are analyzed by AI to generate a structured case brief - The lawyer reviews and takes professional responsibility for the final opinion delivered to the client - No client personal data is stored by AI providers (Zero Data Retention policy enforced via contract) - No client data is used to train AI foundation models This platform does NOT generate legal opinions from AI alone. All advice is reviewed and signed off by a licensed Ontario lawyer.