Everything that you need to know about termination and notice periods
Losing a job without being at fault can be distressing and bewildering. To make sure you are prepared and don’t face its aftermaths, be aware of specific employment rules that can play into your favour in the hours of need as well as emergency. Here some of them have been discussed below.
As per the Employment Standards Act (ESA) of Ontario, you can be removed from employment without notice for a temporary period. It is possible when, for example, the company is experiencing a slowdown due to less flow of work. However, this rule holds ground only if you had given your consent for this. If you belong to any union, then the rules will work according to the collective agreement.
Typically, the period of temporary lay-offs can range from 13 to 20 weeks in succession. A few exceptions can occur though. However, it cannot extend more than 35 weeks off 52 weeks in a row.
If your employer lays you off temporarily without securing your prior consent, you become eligible for a termination pay just like when you are removed from the employment.
If you are dismissed from the job on account of temporary lay-offs without your agreement, you can talk to an employment lawyer to understand about your rights. If you are a part of a union, it’s better to first consult with the representative of that union.
There can be a situation where your employer fires you for reasons that you may or may not be responsible but does not give you notice. In that case, seeking legal advice is critical. For help, you can visit goldsteinlawyers.ca/mississauga-employment-lawyer or some other reliable website. In some cases, he can, however, take away your job without notice. These include:
- Stealing from your employer
- Damaging his property intentionally
- Threatening or assaulting your co-worker
- Refusing to do an important work that falls into the realm of your job (not doing something for safety issues is permissible)
Anyway, the employment rules are quite complicated to understand for a layman. It’s always better to seek legal help in case of confusion or if you have been wronged.
Notice period based on the tenure of work
Depending on the number of days, weeks, or years you spent on your employment, your notice period may vary. As per the standard rules, an employer doesn’t need to give notice to an employee who joined less than three months back. Those who worked three months to up to one year are eligible for one week notice. An employee who has been in the company for one year or more should get two weeks’ notice. The length of the notice period increases following the number of years an employee has worked. For example, if you worked for seven years, your notice should be at least seven weeks.
However, the situation changes when mass termination happens. In this case, instead of counting individual years of employment, how many people have been fired at a time determines the extent of the notice period. Generally, eight weeks of notice has to be given if 50 to 199 employees have been asked to leave.
No matter whatever is the case with you, take expert advice to counter an injustice or wrongful act.