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Ontario|Employment LawTermination of Employment & Employee Rights 602 Notice or pay instead of notice Most employees have the right to notice if they are fired without a good legal reason. If your employer wants you to leave right away, you have the right to be paid in place of being given notice.
Most employees in Ontario are covered by the Employment Standards Act, which sets out minimum notice requirements. However, different minimum requirements apply to employees who work for companies regulated by federal law, such as airlines or banks. In almost all situations, court decisions have established longer notice requirements that many employees may be entitled to.
- Notice requirements under the Employment Standards Act
Under the Employment Standards Act, there are three general categories of notice requirements, based on the length of time an employee worked for the company. First, if you work for between three months and one year, you usually have the right to at least one week's notice or pay instead of notice. Second, if you work for between one and three years, you usually have the right to at least two weeks notice or pay instead of notice. And third, if you work for at least three years for the same company, you usually have the right to at least one week's notice, or pay instead of notice, for every full year you worked, to a maximum of 8 weeks.
- Notice requirements set by the courts
Although the Employment Standards Act sets out minimum notice requirements, court cases have established that almost all employees are entitled to longer notice periods. To determine if an employee is entitled to longer notice time, the courts will consider many factors, including: if there was an employment contract that gave the employee more rights, the importance and value of the job, the number of years the employee worked with the company, the employee's age and the likelihood of the employee finding similar work in the future.
- Getting pay instead of notice
Your employer is required to pay the severance amount set out in the Employment Standards Act within two weeks after your employment was terminated. Your employer is also required to pay all wages and vacation pay owed to you within seven days of termination.
Claims for wrongful dismissal can involve substantial amounts of money. If you think you are entitled to additional pay because you were not given enough notice, you should consult a lawyer.
For additional information about notice or pay instead of notice, you can also contact the Employment Standards office listed in the Blue pages of your telephone book.
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