The amount of notice required will depend on the length of time you have worked for your employer and what is in your employment contract.
The Ontario Employment Standards Act provides the floor or the minimum standards for payment of termination and severance damages. In Ontario, under the Employment Standards Act, your employer must give you a minimum amount of notice if you have worked for longer than three months. The amount the employer is required to give is laid out in the legislation.
If your employment contract does not contain a provision regarding notice, you will be entitled to reasonable notice. ‘Reasonable notice’ is a type of notice that was developed via the common law. Determining reasonable notice under these circumstances is a holistic approach that involves looking at the length of service, the character of the employment, your age, and your ability to obtain similar employment having regard to your experience, training, and qualifications. An employment law lawyer can assist you in determining how much reasonable notice you will be entitled to under the common law.
It is important to note that an employment contract can reduce your rights to the common law standard but may not reduce them below the standard set by the Employment Standards Act. In truly exceptional cases, usually reserved for very senior executives or professional athletes, a contract can also increase rights beyond those foreseen by the common law.
The Courts hold employers to a high standard in terms of drafting an employment contract. If a termination provision contracts out of the minimum standards of the Employment Standards Act, or if you do not have an employment contract, you may be entitled to a significantly larger compensation package. You should contact an employment lawyer if you feel as though your employer has not given you adequate notice prior to termination or if they have not provided you with termination pay in lieu of notice. Once they have given you notice, your employer is not allowed to alter your wages or any other condition of your employment and is still required to contribute to any benefits plan they may provide. Therefore, an employment lawyer may be able to assist you in obtaining the appropriate compensation for your situation.
If you are employed in other parts of the country, such as Quebec, Nunavut, or Manitoba, or fall under federal jurisdiction, please reach out to our employment lawyers in Ottawa, Kingston and Winnipeg to understand your rights upon termination.