Are You an Employee?

Ontario’s Employment Standards Act</a > sets out the rights of employees and requirements that apply to employers in most Ontario workplaces. Sectors that fall under federal jurisdiction, such as airlines, banks, radio and television stations, etc., are not governed by the ESA.

Have you been terminated or let go from your job?

In most cases. when an employer ends your employment, and you have been continuously employed for three months, the employer must provide you with either: advanced written notice of termination OR pay in-lieu thereof. The ESA permits a combination of these mechanisms, as long as the notice andfor pay in-lieu together equal the length of notice that you are entitled to receive.

Notice of Termination

When an employee is terminated, the written notice required under the ESA is determined by how long someone has been employed by an employer. The ESA provides the minimum statutory requirements for written notice of 'termination, or pay-in lieu thereof, up to a maximum of 8 years:

Length of Employment Notice Required
Less than 3 months None
More than 3 months, but less than a year 1 week
1 year, but less than 3 years 2 weeks
3 years, but less than 4 years 3 weeks
4 years, but less than 5 years 4 weeks
5 years, but less than 6 years 5 weeks
6 years, but less than 7 years 6 weeks
7 years, but less than 8 years 7 weeks
8 years or more 8 weeks

Greater Right to Termination Notice, Pay in Lieu, and Severance Pay

The ESA provides minimum standards only. Some employees may have rights under the common law or other legislation that give them greater rights relating to notice of termination and severance pay than the ESA. It is essential to contact a legal professional when facing employment law issues.

This article is not to be construed as legal advice. You are encouraged to consult a professional.