Termination of Employment and Termination Pay
As a general principle, employees have a right to terminate their employment with an employer and employers have the right to terminate the employment of employees. These rights, however, come with responsibilities. The main responsibility in most cases is to provide notice of intention to terminate. The length of such notice is normally dependent on the duration of the employment with the employer.
There are circumstances in which the Employment Standards Code may not require an employer or an employee to provide termination notice. For example, an employer is not required to provide notice when just cause exists for terminating an employee’s employment. Likewise, an employee is not required to provide an employer with termination notice if the employee’s personal health or safety is at risk by continuing to work.
Special rules apply when employment is terminated in the following situations:
- where a business has been sold;
- where there are breaks in employment that are less than three months; or
- in temporary layoff situations.
Where there is an allegation that the requirements around termination have been breached, a complaint may be filed. For more information, see File a Complaint with Employment Standards.
Construction employees are not entitled to notice of termination, or pay in place of notice from their employer. Likewise, a construction employee is not required to give his or her employer termination notice.
To learn more, see the following fact sheets: