The short answer is yes – you should be paid out these amounts, partly on account of the law in some provinces, and partly on account of how judge-made law has viewed employees who have been terminated.
Some employment standards legislation requires certain payments for employees who have been let go. Ontario’s Employment Standards Act, for example, stipulates that an employee’s extended benefits must continue for at least the length of the notice period outlined within that same law. However, recent cases have taken a broader view when it comes to things such as bonuses. In short, the law states that an employee should be ‘kept whole’ throughout the entire notice period, whether that’s a shorter time as outlined in their contract, or a longer period based on some of the factors outlined above.
Ultimately some of the moving pieces can be complicated if you are no longer working there. For example, some benefits providers may refuse to continue coverage for an employee no longer on payroll. If you are negotiating your package though then it will really come down to dollars and cents, such as an amount added to your package in lieu of discontinued benefits.
