The Employment Standards Act (ESA) sets out the minimum amount of notice an employer must give an employee upon termination. The length of notice required is attributed to the length of time the employee worked for the employer. This notice must be given in advance of termination, resulting in the employee’s continued work, or, an employer may simply pay the employee “pay in lieu of notice”, based on the length of notice required. In some cases, employees are entitled to notice of termination in excess of the minimum standard outlined in the ESA.
Where an employer did not give adequate notice or pay in lieu of notice, an employee may file a wrongful termination claim.