14 Jul What amount of termination notice are employees entitled to?
Determining whether the termination notice you have received is fair is extremely important as a newly terminated employee. This notice period is important because each employee has the right to a certain amount of notice. If the amount of notice given to the employee is not legally fair, the employee has every right to file a wrongful dismissal claim against their employer.
Termination notice is the amount of time the employer gives the employee before their employment contract has legally ended and they are obligated to leave the workplace. This notice ought to be given based on several factors of the employee’s work experience, and it can greatly differ between employees.
What is statutory notice?
When the employee has worked more than three months for their employer, they have the right to receive the minimum termination notice, which is called statutory notice. Under the Employment Standards Act, every employee is entitled to the minimum notice of one week. However, most employees qualify for more notice, and it is mostly the employee who has worked from three months to one year for this minimum to be fair.
What is reasonable notice?
If an employee has worked more than one year, they are likely to be entitled to more notice. This kind of notice is called reasonable notice. Reasonable notice depends largely on how long the employee has worked for the employer and will increase when the number of years employed increases. For example, if an employer works three to four years with an employer, they are legally required to receive three weeks’ notice that they are being terminated. If someone works five to six years with the employer, they are legally required to receive five weeks’ notice, and so on. Reasonable notice is also dependant on the employee’s job duties, their age, and how easily it will be to get a job in the same position after the termination.
How do you know whether the termination notice was reasonable for your circumstances?
While the employer should be considering all the factors noted above, it is possible to consider past cases (precedent) to compare how much notice other employees have received in similar positions and situations. If an employee is unsure whether they are receiving fair reasonable notice, especially those who are filing a wrongful dismissal claim, KCY at LAW can examine precedent cases, compare them to your situation, and ensure that enough notice is being provided.
If you believe you were not given enough notice by your employer, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation.