|
|
|
|
Legal Line® provides Free legal information to Canadians through its website, telephone and fax-on-demand systems.
1,000 topics are covered within 35 areas of law...
Search...
Ontario|Employment LawTermination of Employment & Employee Rights 600 Being fired, laid off, or constructively dismissed Contrary to what many employees think, an employer can end a non-union employee's job at any time, and for any reason. However, the employer is required by law to give the employee a minimum amount of notice, or pay instead of notice, unless the employee was fired for wilful misconduct or neglect of duty. There are three basic ways for you to be dismissed; you can be fired; you can be laid-off for long enough that your employment is considered to be terminated; or you can be put in a position where you are made to accept a lesser position or made to quit.
- Getting fired
Many employees lose their jobs by being fired. Generally, it is proper practice for an employer to give an employee a termination letter stating that their job has ended and when their last day of work is.
- Getting laid-off
Some employees who work for companies that do not always have enough work, or whose plant shuts down from time to time, get laid-off. Employees are usually informed of a lay-off with a written notice. In many cases, if you are laid-off, you have not lost your job permanently, and you will usually have the right to return to your job if the company gets new work or re-opens the plant. Generally, if you have been laid-off for more than 13 weeks, your employment will be considered terminated and you will have the same rights as if you were fired. However, if you are laid off, but you continue to receive fringe benefits from your employer, you will not be considered terminated until 35 weeks after you were first laid-off. For some employees any layoff can be a constructive dismissal, if you were not in the type of position or company where layoffs could be anticipated. You should speak with a lawyer if you have been laid off to determine if it is a constructive dismissal.
- Constructive dismissal
Sometimes employees are not fired directly, but may lose certain rights or even be made to quit their job. Under the law, they are considered to have all the same rights as if they were actually fired. In law this is called constructive dismissal. Situations of constructive dismissal include: if the employer decides to substantially change an employee's job description without the employee's consent; if an employer reduces an employee's pay; or if an employee is made to quit because of harassment or intimidation.
For additional information about termination of employment refer to other sections of Legal Line , call the Employment Standards Office listed in the Blue pages of your telephone book, or speak with a lawyer.
|