Education Worker Layoff Severance Canada 2026: The Decision Tree With Real $220K Numbers
Quick Answer
Short answer: on a $220,000 education sector severance, the structuring decision alone swings your after-tax outcome by $22,000–40,000. A senior school board administrator earning $145K with 18 years of service, laid off mid-2026 with $72,500 already earned, faces $292,500 of combined taxable income if the severance lands as a single lump sum. In Ontario, the marginal rate above $253K is 53.53% — every dollar of severance above that line loses more than half to CRA and Ontario. Salary continuance across two calendar years keeps the 2027 portion below $145K, where the marginal rate drops to roughly 37–44%. Layer on the RRSP shelter and you recover another $4,000–8,000. The part most education workers miss: school board and university employees are provincially regulated under the Ontario ESA (or equivalent provincial legislation), not the Canada Labour Code. Your statutory severance floor, common-law entitlement, and pension interaction (OTPP, OMERS, or CAAT) are all different from the federal public-service framework.
Key Takeaways
- 1A $220K severance on top of $72,500 already earned in 2026 produces $292,500 of combined taxable income in Ontario. The marginal rate above $253K is 53.53% (federal 33% + Ontario 13.16% + surtaxes). About $39,500 of the severance hits the top bracket. Salary continuance splitting the severance across two calendar years keeps each year below $220K, saving $22,000–40,000 in tax.
- 2Education sector employees — school boards, universities, colleges, early childhood centres — are provincially regulated. The Ontario ESA provides termination pay (1 week per year, max 8 weeks) plus statutory severance (1 week per year for employers with $2.5M+ payroll). On 18 years at $145K: 8 weeks termination ($22,308) + 18 weeks severance ($50,192) = $72,500 statutory floor. Common-law reasonable notice runs 2–4× higher.
- 3The 2026 RRSP contribution limit is $33,810 (or 18% of prior-year earned income, whichever is less). At $145K salary, your earned-income cap is $26,100. Contributing at a 48–53% marginal rate and withdrawing in a future 20–29% year creates $5,000–8,000 of pure tax arbitrage per $26,100 contributed.
- 4EI maximum weekly benefit in 2026 is $728 ($68,900 maximum insurable earnings × 55% ÷ 52). Lump-sum severance does NOT delay EI. Salary continuance DOES delay EI until the last payment. On a $220K severance with $22,000–40,000 in tax savings from continuance, the math favours continuance unless you need EI cash flow immediately and have no spousal income or savings.
- 5Education-sector pensions (OTPP, OMERS, CAAT) interact with severance differently. Salary continuance may extend pensionable service, adding months to your pension calculation. At $145K with 18 years of OTPP service, one additional year adds roughly $2,900/year of pension for life — over $72,500 across a 25-year retirement.
You spent nearly two decades in education — school board administration, university program coordination, college department management, early childhood policy — and now your position has been declared surplus. Before you sign anything, read the complete guide to maximizing your EI benefits — the timing rules between severance structure and EI filing directly determine how much of that $220K you actually keep.
This article is structured as a decision tree. Your situation determines which branch you follow. The tax difference between the best and worst branch is $22,000–$40,000 on a $220K severance — real money that the wrong signature gives to CRA instead of keeping in your pocket.
The Persona: $145K Senior Education Administrator, 18 Years of Service, Laid Off Mid-2026
- Role: Senior administrator / superintendent / department director / dean's office manager / program coordinator
- Age: 49
- Annual salary: $145,000
- Tenure: 18 years (school board, university, or college — provincially regulated)
- Weekly pay: $145,000 ÷ 52 = $2,788/week
- Income already earned (Jan–June 2026): ~$72,500
- Severance offered: $220,000 (common-law reasonable notice settlement — approximately 18 months of salary)
- Province of residence: Ontario (with comparisons for Alberta, BC, Quebec)
- Spouse: works part-time, $35,000/year
- RRSP: $210,000 accumulated; carry-forward room ~$20,000 + current year room $26,100
- TFSA: $85,000 (some unused room at $7,000/year)
- Pension: OTPP / OMERS / CAAT (defined-benefit, deferred pension available depending on plan rules)
Decision Node 1: What Is Your Statutory Floor?
Before you evaluate the $220K offer, you need to know the minimum the law guarantees you. Education sector employees — school boards, universities, colleges, early childhood centres — are provincially regulated under the Ontario Employment Standards Act (or equivalent provincial legislation). The Canada Labour Code does not apply to education workers unless you work for a federally regulated institution (rare).
Ontario ESA Statutory Minimum
Termination pay: 1 week per year of service, capped at 8 weeks. At $145K with 18 years: 8 weeks = $22,308.
Severance pay: 1 week per year, no cap (employer payroll must exceed $2.5M). School boards, universities, and colleges all exceed this threshold. At 18 years: 18 weeks = $50,192.
Total ESA floor: $72,500 (26 weeks of pay).
Common-Law Reasonable Notice
For a 49-year-old senior administrator with 18 years in a specialized education role, common-law notice based on the Bardal factors (age, tenure, position seniority, re-employment prospects) typically runs 14–24 months.
Range: $169,000 (14 months) to $290,000 (24 months).
The $220K offer (about 18 months) falls in the middle of the common-law range. Not lowball, but room to negotiate upward if your re-employment prospects are narrow.
Decision check: If the offer is below the ESA floor of $72,500, it is illegal to accept it as-is — the employer cannot contract out of the ESA. If the offer is above the ESA floor but below 14 months of common-law notice (~$169K), consult an employment lawyer before signing. At $220K (approximately 18 months), you are within the common-law range, but an employment lawyer may be able to push it toward 20–24 months, adding $24,000–$72,500.
Decision Node 2: Lump Sum or Salary Continuance?
This is where the $22,000–$40,000 tax swing lives. The structure of the payment — not the amount — determines how much you keep.
Branch A: Full Lump Sum in 2026 — The $80,000+ Tax Hit
Take the full $220K as a single payment in 2026.
- Already earned in 2026: $72,500
- Lump-sum severance: $220,000
- Combined 2026 income: $292,500
- Federal marginal rate above ~$253K: 33%
- Ontario marginal rate at top: 13.16% + 36% surtax
- Combined marginal rate on the top ~$39,500: 53.53%
- Combined marginal rate on the $220K–$253K slice: ~51.97%
- Estimated total tax on the $220K severance: ~$78,000–$92,000
- Employer withholds 30% on lump sums over $15K per ITA Reg. 103 = $66,000
- You will owe another ~$12,000–$26,000 at tax time
- After-tax severance: ~$128,000–$142,000
At $292,500, nearly $40,000 of your severance sits in the 53.53% top bracket. That is $21,000 handed to CRA just from crossing the $253K line. The withholding at 30% underpays the actual tax bill by $12,000–$26,000 — you get an ugly surprise at filing time.
Branch B: Salary Continuance Across Two Calendar Years — The $22K–$40K Save
Split the $220K across July 2026 – December 2027 as biweekly payments at your regular pay rate.
- 2026 income: $72,500 (earned) + $80,000 (continuance, Jul–Dec) = $152,500
- 2027 income: $140,000 (remaining continuance, Jan–Dec)
- Ontario combined marginal rate at $152,500: ~44.97%
- Ontario combined marginal rate at $140,000 (if no other 2027 income): ~37.91–44.97%
- Neither year crosses the 53.53% top bracket threshold of $253K
- Estimated total tax on $220K severance: ~$56,000–$70,000
- Tax savings vs. lump sum: ~$22,000–$36,000
- After-tax severance: ~$150,000–$164,000
The EI trade-off: salary continuance delays EI until the last payment. At $728/week maximum EI, an 18-month continuance pushes EI into early 2028. At $220K severance with $22,000–$36,000 in tax savings, continuance wins in most scenarios. You only lose EI dollars if you exhaust the continuance, remain unemployed, and then need EI — and the tax saving exceeds even a full 36-week EI claim of ~$26,200.
Branch C: Continuance + Maximum RRSP Shelter — The Best Available Play
Combine salary continuance with maximum RRSP contribution against the higher-income year.
- Salary continuance: same split as Branch B
- RRSP contribution in 2026: $26,100 (earned-income cap at $145K) + $7,710 carry-forward = $33,810 (hits the 2026 annual maximum)
- 2026 taxable income after RRSP: $152,500 − $33,810 = $118,690
- Deduction at ~43% average marginal rate: saves ~$14,538 in 2026
- Future withdrawal at ~24–29% (lower-income year): ~$8,115–$9,805 tax
- Net RRSP arbitrage: ~$4,733–$6,423
- Combined savings (continuance + RRSP): ~$26,700–$42,400
- After-tax severance: ~$154,700–$170,400
This is the best outcome for most mid-career education workers with RRSP room. The $26,700–$42,400 saved versus a naked lump sum is equivalent to six years of TFSA contributions at $7,000/year.
Decision Node 3: The Comparison Table
| Factor | Lump Sum | Salary Continuance | Continuance + RRSP |
|---|---|---|---|
| 2026 taxable income | $292,500 | $152,500 | $118,690 |
| Top marginal rate hit | 53.53% | ~44.97% | ~37.91% |
| Est. total tax on $220K | $78,000–$92,000 | $56,000–$70,000 | $49,600–$65,300 |
| After-tax severance | $128,000–$142,000 | $150,000–$164,000 | $154,700–$170,400 |
| EI eligibility timing | Immediate (1-week wait) | Delayed until last payment | Delayed until last payment |
| Benefits continuation | Stops on last day | Continues during payments | Continues during payments |
| Pension service credit | No additional accrual | May continue accruing | May continue accruing |
| Tax savings vs. lump sum | — | $22,000–$36,000 | $26,700–$42,400 |
Decision Node 4: Provincial Tax Comparison — Same $220K, Different Province
Education workers are provincially regulated, so your employer and your tax province usually match. But if you are considering relocation after layoff — or if you have remote flexibility — province of residence on December 31 determines which province taxes your 2026 income.
| Province | Top Combined Rate | Est. Tax on $220K (Lump) | After-Tax Severance (Lump) |
|---|---|---|---|
| Alberta | 48.00% | ~$66,000 | ~$154,000 |
| Saskatchewan | 47.50% | ~$65,000 | ~$155,000 |
| Ontario | 53.53% | ~$85,000 | ~$135,000 |
| British Columbia | 53.50% | ~$84,000 | ~$136,000 |
| Quebec | 53.31% | ~$83,000 | ~$137,000 |
At $292,500 combined income (lump-sum scenario), the gap between Alberta/Saskatchewan and Ontario is roughly $19,000–$20,000 in tax on the same $220K severance. That is before you even consider the structuring lever. Combine an Alberta address with salary continuance and the tax saving versus an Ontario lump sum exceeds $40,000.
Decision Node 5: The Education Pension Wrinkle — OTPP, OMERS, and CAAT
Education workers have something most private-sector employees do not: a defined-benefit pension. Under the Ontario Teachers' Pension Plan, you accrue 2% of your best-five-year average salary per year of pensionable service. OMERS (for school board support staff) and CAAT Pension Plan (for college employees) have similar structures.
Why this matters for the decision tree: salary continuance during the notice period may continue your pensionable service accrual. At $145K with 18 years of OTPP service, one additional year adds roughly $2,900/year of pension for life (2% × $145K). Over a 25-year retirement (age 65 to 90), that is $72,500 of additional pension income — indexed to inflation under OTPP. This benefit is invisible in the immediate tax comparison but may be the most valuable element of the continuance option. With an 18-month continuance, you could add 1.5 years of pensionable service = $4,350/year = $108,750 over 25 years. Confirm with your pension plan administrator whether the continuance period counts as pensionable service under your collective agreement.
Decision Node 6: The RRSP Shelter
Two separate RRSP levers apply to education severance. Most workers only use one and miss the other entirely.
Lever 1: Regular RRSP Contribution Room
At $145K salary, your earned-income-based room is $26,100/year (18% of $145K). The 2026 annual maximum is $33,810 — your cap is $26,100 unless carry-forward room pushes you higher. Contributing $33,810 (using $7,710 of carry-forward) against a 43–45% marginal rate and withdrawing in a future 24–29% year creates $4,700–$6,400 of arbitrage. Check CRA My Account for your exact Deduction Limit.
Lever 2: Retiring Allowance Transfer — ITA Section 60(j.1)
If your severance is classified as a “retiring allowance” (which most layoff severance payments are), you can transfer $2,000 per year of pre-1996 service directly to your RRSP without using contribution room. For our persona (started in 2008): all 18 years are post-1996, so the 60(j.1) shelter is $0. But for a long-tenured teacher who started in 1985 with 11 pre-1996 years: $22,000 of additional shelter plus $1,500 per pre-1989 year (another $6,000 for 4 pre-1989 years). Total: $28,000 that does not consume contribution room. This provision is worth checking even if you think it does not apply — pension buyback years and prior employment can add qualifying service years.
Decision Node 7: The Collective Agreement Layer
The ESA is the floor. Your collective agreement is usually the ceiling. Education sector collective agreements vary significantly by role and employer:
School Board (CUPE, OSSTF, ETFO)
Collective agreements typically provide enhanced severance above the ESA floor. Support staff (CUPE) agreements may include additional weeks per year of service. Teaching staff (OSSTF, ETFO) layoffs are rare due to seniority protections, but when they occur, the collective agreement governs the notice and bumping process. Administrators (principals, VPs, directors) may be excluded from the bargaining unit and covered by individual employment contracts.
University and College (OPSEU, Faculty Associations)
University faculty under faculty association agreements often have tenure protections that make severance moot. Non-tenured staff, contract instructors, and administrative staff face different rules. College faculty under OPSEU may have program discontinuation clauses that trigger specific severance provisions. Always check your specific collective agreement — the variation between institutions is larger than the variation between sectors.
The Full Decision Tree: Which Branch Matches You?
Branch: Salary Continuance + RRSP (Best for Most)
- • You have RRSP contribution room (current-year + carry-forward)
- • You expect to find a new role within 12–18 months
- • Your spouse's income or savings can cover household expenses during the continuance
- • You want to preserve benefits and potentially extend pension service
- • Tax saving: $26,700–$42,400
Branch: Salary Continuance Without RRSP (Still Strong)
- • You have little or no RRSP room (maxed out or pension adjustment consumes it)
- • You still benefit from the bracket-splitting effect
- • Benefits continuation and pension service accrual remain valuable
- • Tax saving: $22,000–$36,000
Branch: Partial Lump Sum + Partial Continuance (Compromise)
- • You need some cash immediately (mortgage, debt, transition costs) but can defer the rest
- • Take enough as a lump sum to cover 6 months of expenses; structure the remainder as continuance
- • Example: $60K lump + $160K continuance over 14 months
- • Tax saving: $15,000–$28,000 (less than full continuance, but still significant)
Branch: Full Lump Sum (Only If Forced)
- • You need the cash immediately (mortgage arrears, no spousal income, zero savings)
- • You expect a very long job search and need EI access on day one
- • You have a new role already lined up and want to close the file
- • You are starting a business and need startup capital now
- • Tax cost: $22,000–$42,400 more than the alternatives
Your next step depends on which branch above matched you. The gap between the best and worst outcome on a $220K education severance is not a minor optimization — it is the difference between keeping $128,000 and keeping $170,000 of your own money.
Your Action Checklist
Do not sign immediately. You have a reasonable consideration period. Use every day of it.
Confirm the offer against the ESA floor. At 18 years and $145K salary: $72,500 statutory minimum. If the offer is below this, it is non-compliant. If it is above but below ~$169K (14 months common-law), consult an employment lawyer.
Check your collective agreement. CUPE, OSSTF, ETFO, OPSEU, or faculty association? Enhanced severance provisions may push the floor above the ESA. Non-unionized administrators should negotiate individually.
Ask for salary continuance. The $22,000–$42,400 tax saving is the single most valuable structural ask. Review the severance negotiation checklist for what else to ask for beyond the money.
Check your RRSP room on CRA My Account. Current-year room at $145K salary is $26,100 (but reduced by your pension adjustment — OTPP/OMERS/CAAT PA can be significant). Carry-forward from prior years may push the shelter higher. Read the RRSP withdrawal tax rules to understand the future withdrawal side.
Confirm pension service impact. Does the continuance period count as pensionable service under OTPP/OMERS/CAAT? At $145K, one additional year = ~$2,900/year of pension for life. Over 25 years of retirement, that is $72,500.
Clear vacation pay and banked sick leave before filing for EI. Education workers often accumulate significant banked leave. Get it on your final paycheque, not during the EI claim — vacation pay reported during an active claim reduces benefits dollar-for-dollar.
Use the severance pay calculator to model your specific numbers. The figures in this article assume $145K salary and Ontario residence. Your province, salary, tenure, and RRSP room change the math.
This Is the Kind of Decision Where a Fee-Only CFP Pays for Itself
On a $220,000 education severance, the gap between worst-case (lump sum, no RRSP shelter, pension service lost, EI timing wrong) and best-case (salary continuance, maximum RRSP contribution, pension service preserved, clean EI filing) is $26,700–$42,400 in tax savings alone — before you count the pension service value of up to $108,750 over a 25-year retirement.
This is the kind of decision where a fee-only CFP can pay for itself in tax savings alone. Life Money's advisors offer a flat-fee 90-minute consultation that walks through your specific numbers.
Frequently Asked Questions
Q:How much severance is an education worker entitled to in Ontario in 2026?
A:Education workers in Ontario — school board staff, university administrators, college employees — are covered by the Ontario Employment Standards Act. The ESA provides two components: termination pay (1 week per year of service, capped at 8 weeks) and statutory severance pay (1 week per year, no cap, for employers with $2.5M+ Ontario payroll). School boards, universities, and colleges all exceed the payroll threshold. At $145K salary with 18 years of service: 8 weeks termination ($22,308) + 18 weeks severance ($50,192) = $72,500 statutory floor. Common-law reasonable notice, based on the Bardal factors (age, tenure, position seniority, re-employment prospects), typically runs 14–24 months for senior education administrators — producing $169,000–$290,000 in total notice entitlement. The $220K in this article falls within that common-law range.
Q:Should I take $220K education severance as lump sum or salary continuance?
A:At $220K, salary continuance almost always wins on tax if you were laid off mid-year with income already earned. With $72,500 already earned in 2026, a lump sum pushes combined income to $292,500 — above the $253K threshold where Ontario’s top combined rate of 53.53% applies. Splitting the severance across two calendar years keeps each year’s income below $220K, where the marginal rate drops to roughly 48.29%. That bracket difference alone saves $22,000–40,000 in tax. The trade-off: salary continuance delays EI (capped at $728/week in 2026) until the last payment. At $220K severance, the tax saving dwarfs the EI timing cost in most scenarios.
Q:How does an education sector pension (OTPP, OMERS, CAAT) interact with severance?
A:It depends on whether your severance is structured as salary continuance or a lump sum. Salary continuance may extend your pensionable service — meaning the continuance period counts toward your pension accrual. Under OTPP, you accrue 2% of your best-five-year average salary per year of pensionable service. One additional year at $145K = roughly $2,900/year of pension for life. Over a 25-year retirement, that is $72,500 of additional indexed pension income. Lump-sum severance generally does not extend pensionable service. Confirm with your pension plan administrator (OTPP, OMERS, or CAAT) whether the continuance period qualifies as pensionable service under your collective agreement.
Q:Can I shelter $220K education severance in my RRSP?
A:You can shelter up to your available RRSP contribution room, not the full $220K. At $145K salary, your earned-income cap is $26,100 per year (18% of $145K). The 2026 annual maximum is $33,810. Carry-forward room from prior years can push the shelter higher. Contributing at a 48–53% marginal rate and withdrawing in a future low-income year (20–29%) creates $5,000–$8,000 of tax arbitrage per $26,100 contributed. Additionally, if your severance is classified as a retiring allowance and you have pre-1996 years of service, ITA section 60(j.1) allows $2,000 per pre-1996 year transferred to your RRSP without using contribution room.
Q:How does $220K education severance affect EI benefits in 2026?
A:Lump-sum severance does not delay or reduce EI benefits — you can apply after the mandatory 1-week waiting period. Salary continuance delays EI until the last payment. The 2026 EI maximum insurable earnings are $68,900, with a maximum weekly benefit of $728 (55% of average insurable weekly earnings). At $145K salary, your benefit is capped at $728/week. Clear vacation pay and any banked sick leave before filing — vacation pay reported during an active EI claim reduces benefits dollar-for-dollar. Education workers often have substantial banked leave; coordinate the payout timing with your EI application.
Q:Are university and college employees covered by the same severance rules as school board workers?
A:In Ontario, yes — all are covered by the Ontario Employment Standards Act for statutory minimums. However, the collective agreement layer differs significantly. School board support staff are typically CUPE or OSSTF-represented. University faculty may be covered by faculty association agreements with enhanced severance provisions. College faculty fall under the OPSEU collective agreement with the College Employer Council. College support staff have a separate OPSEU agreement. Each collective agreement may provide severance terms above the ESA floor — and importantly, may restrict or define the structure of severance payments differently. Always check your specific collective agreement before accepting any offer.
Question: How much severance is an education worker entitled to in Ontario in 2026?
Answer: Education workers in Ontario — school board staff, university administrators, college employees — are covered by the Ontario Employment Standards Act. The ESA provides two components: termination pay (1 week per year of service, capped at 8 weeks) and statutory severance pay (1 week per year, no cap, for employers with $2.5M+ Ontario payroll). School boards, universities, and colleges all exceed the payroll threshold. At $145K salary with 18 years of service: 8 weeks termination ($22,308) + 18 weeks severance ($50,192) = $72,500 statutory floor. Common-law reasonable notice, based on the Bardal factors (age, tenure, position seniority, re-employment prospects), typically runs 14–24 months for senior education administrators — producing $169,000–$290,000 in total notice entitlement. The $220K in this article falls within that common-law range.
Question: Should I take $220K education severance as lump sum or salary continuance?
Answer: At $220K, salary continuance almost always wins on tax if you were laid off mid-year with income already earned. With $72,500 already earned in 2026, a lump sum pushes combined income to $292,500 — above the $253K threshold where Ontario’s top combined rate of 53.53% applies. Splitting the severance across two calendar years keeps each year’s income below $220K, where the marginal rate drops to roughly 48.29%. That bracket difference alone saves $22,000–40,000 in tax. The trade-off: salary continuance delays EI (capped at $728/week in 2026) until the last payment. At $220K severance, the tax saving dwarfs the EI timing cost in most scenarios.
Question: How does an education sector pension (OTPP, OMERS, CAAT) interact with severance?
Answer: It depends on whether your severance is structured as salary continuance or a lump sum. Salary continuance may extend your pensionable service — meaning the continuance period counts toward your pension accrual. Under OTPP, you accrue 2% of your best-five-year average salary per year of pensionable service. One additional year at $145K = roughly $2,900/year of pension for life. Over a 25-year retirement, that is $72,500 of additional indexed pension income. Lump-sum severance generally does not extend pensionable service. Confirm with your pension plan administrator (OTPP, OMERS, or CAAT) whether the continuance period qualifies as pensionable service under your collective agreement.
Question: Can I shelter $220K education severance in my RRSP?
Answer: You can shelter up to your available RRSP contribution room, not the full $220K. At $145K salary, your earned-income cap is $26,100 per year (18% of $145K). The 2026 annual maximum is $33,810. Carry-forward room from prior years can push the shelter higher. Contributing at a 48–53% marginal rate and withdrawing in a future low-income year (20–29%) creates $5,000–$8,000 of tax arbitrage per $26,100 contributed. Additionally, if your severance is classified as a retiring allowance and you have pre-1996 years of service, ITA section 60(j.1) allows $2,000 per pre-1996 year transferred to your RRSP without using contribution room.
Question: How does $220K education severance affect EI benefits in 2026?
Answer: Lump-sum severance does not delay or reduce EI benefits — you can apply after the mandatory 1-week waiting period. Salary continuance delays EI until the last payment. The 2026 EI maximum insurable earnings are $68,900, with a maximum weekly benefit of $728 (55% of average insurable weekly earnings). At $145K salary, your benefit is capped at $728/week. Clear vacation pay and any banked sick leave before filing — vacation pay reported during an active EI claim reduces benefits dollar-for-dollar. Education workers often have substantial banked leave; coordinate the payout timing with your EI application.
Question: Are university and college employees covered by the same severance rules as school board workers?
Answer: In Ontario, yes — all are covered by the Ontario Employment Standards Act for statutory minimums. However, the collective agreement layer differs significantly. School board support staff are typically CUPE or OSSTF-represented. University faculty may be covered by faculty association agreements with enhanced severance provisions. College faculty fall under the OPSEU collective agreement with the College Employer Council. College support staff have a separate OPSEU agreement. Each collective agreement may provide severance terms above the ESA floor — and importantly, may restrict or define the structure of severance payments differently. Always check your specific collective agreement before accepting any offer.
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