Ohio Termination and Severance Pay Policy
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FAQ
If your employer pays you severance all at once in a lump sum, you may or may not be entitled to unemployment benefits. If the lump sum is just an upfront payment of a number of weeks of your pay, the agency may treat the payment like salary continuation.
File for unemployment as soon as you become unemployed. This is true even if you are subject to a waiting week or receiving severance pay from your employer.
The LAC noted that section 41(2) of the BCEA is unambiguous and provides that if employees are dismissed for operational reasons they are entitled to severance pay equal to one week's remuneration for each completed year of service with the same employer.
Severance pay is often granted to employees upon termination of employment. It is usually based on length of employment for which an employee is eligible upon termination. There is no requirement in the Fair Labor Standards Act (FLSA) for severance pay.
While termination pay is the minimum amount a person can receive when their employer fires them, severance pay is the full amount. As with termination pay, the longer the employment relationship, the greater the severance pay. But severance pay in Ontario also takes into account factors specific to each employee.
Though sometimes used interchangeably, termination pay and severance pay are not the same thing. While all employees of three months or longer with a company are entitled to termination pay (in place of notice) upon dismissal, not everyone is entitled to severance pay.
If your employer pays you severance all at once in a lump sum, you may or may not be entitled to unemployment benefits. If the lump sum is just an upfront payment of a number of weeks of your pay, the agency may treat the payment like salary continuation.
Severance pay is usually based on the length of employment with employees who have been with the company longer receiving larger severance payments. Payments may be a lump sum, or distributed over a number of weeks. The type of severance you receive can reduce or delay your unemployment benefits in Ohio.
If you receive vacation pay from your former employer, that amount will be deducted from your weekly unemployment benefit. This does not mean that you are ineligible for benefits, it just means that your benefits will either be reduced or zeroed out for the week(s) that you received vacation pay.
