Workers have a legal right to advance warning or termination pay when they are terminated or let go. An employer is allowed to fire an employee at any time, but the law requires certain rules to be followed.
By law, your employer must give you either a reasonable amount of notice before the last day of work or compensation (money) instead of notice. Legal terms for this compensation are "termination pay," or "pay in lieu of notice." Sometimes this pay is also called "severance" or referred to as a "severance package." This compensation is required to be paid unless you were dismissed for cause, a legal term for misbehaviour. If you were not fired for just cause and did not receive termination pay, your rights may have been violated.
The longer you work at a job, the more termination pay you should receive. If you have been paid less than one month's worth of termination pay for each year that you have worked then you may be legally entitled to more. For example, if you worked at your current job for two years but only received two weeks of termination pay, you should contact a lawyer at JUSTICE@work to see if you are owed more. Our advice is free.
If you are owed termination pay, you can make a claim for this in court or complain to the Ministry of Labour (you cannot do both). Usually, you can obtain more termination pay in court than you can from the Ministry of Labour. To learn more, contact JUSTICE@work.
It is important to know that there are time restrictions for beginning a wrongful dismissal court case and for filing an Employment Standards Act complaint with the Ministry of Labour. Employees that have been fired or let go should seek legal assistance as soon as possible.
If you think your rights have been violated, contact JUSTICE@work. Click here to fill out an online application for legal assistance. A lawyer from JUSTICE@work will review your complaint, provide you with free summary legal advice and assess whether you qualify for legal assistance. Our legal assistance is also free, but only available to qualifying low-income or disadvantaged workers.