Notice for Termination

When an employer intends to terminate the employment of an employee, unless just cause or the employment was for a fixed period, they must provide:

• at least one week before the termination, if the employee’s period of employment is less than a year

• at least 2 weeks before termination, if the employees period of employment is one year or more and fewer than 3 years

• at least 3 weeks before the termination, if the employee’s period of employment is 3 years or more and fewer than 4 years

• at least 4 weeks if the period of employment spanned 4-5 years

• 5 weeks if the period of employment spanned 5-6 years

• 6 weeks if the period of employment spanned 6-7 years

• 7 weeks if the period of employment spanned 7-8 years

• 8 weeks if employment was 8 or more years

Pay Instead of Notice

An employer can fire an employee without giving them proper notice as long as they:

• pay them the amount they would have earned during the notice period; and

• continue to contribute to the employee's benefits during this time.

If the employee doesn't have a regular work schedule, their payment will be calculated based on the 12 weeks before they were terminated.

If the employer doesn't give the proper notice, the employee will still be considered employed for the purposes of any benefit plans that could be affected by their termination.

Ont ESA Pt XV s. 57, 61