Notice and Termination

Notice and Termination

If you are terminated from your employment without cause, you are entitled to some notice before that termination takes effect. There are two ways in which notice can be provided to you: working notice, or a lump sum payment. 

Working notice means your employer can tell you on January 1 that your employment will be terminated in six months (June 1). You will work throughout this notice period and get paid as you normally do, but now you have notice to go look for other employment. 

A lump sum payment means the employer terminates you immediately, and instead of making you work through the notice period, they pay you an amount that is equal to what you would have earned during the notice period. 

How much notice are you entitled to

It depends. 

Do you have a written employment contract? If yes, your contract may include a term which specifies how much notice you are entitled to. You may want to have a lawyer look over your contract to ensure that you are getting paid the amount you are entitled to. Other times, there is no written employment contract in place. 

If you do not have a contract, or if your contract does not discuss notice, then you will have to do some legal research to find out how much you are entitled to. This is an exercise that lawyers can help you with because it involves researching previous court decisions. 

Even if you have a contract that discusses how much notice you are entitled to, that notice should not be less than what the Employment Standards Act (“ESA”) minimums provide you. They are called minimums for a reason, so do not go below the minimum people! Watch out though, some professions are excluded from the minimum notice that the ESA provides for and are therefore not entitled to the minimums in the ESA. Some of the excluded professions under the ESA include:

  • Architects;
  • Accountants;
  • Lawyers;
  • Chiropractors; 
  • Dental surgeons; 
  • Engineers; 
  • Insurance agents or adjusters;
  • Land surveyors;
  • Physicians and surgeons;
  • Naturopaths;
  • Optometrists;
  • Podiatrists;
  • Licensed realtors;
  • Vets;
  • Professional foresters; and
  • Persons registered under section 35 of the Securities Act. 

Still don’t know how much notice you deserve? Makes sense, it is not easy to figure out. That’s where a lawyer becomes helpful. If you would like help or advice on this subject, please contact Zoe Arghandewal and Solimano Law.

This article is not to be taken as legal advice. For more information, please contact us by telephone at 604-428-2822 or by email at [email protected]