Employment/Termination of Employment Q&As
If you have encountered a workplace dispute(s), you may have questions regarding potential violations in accordance with the Employment Standard Act, 2000.
Although each case is different , here are some real-life examples for your information and reference only. Please contact Trustworthy Legal Services directly for further information and for professional legal advice.
Q: Is the termination of employment legitimate?
A: Human Rights Code, R.S.O. 1990, c. H. 19, s. 5 (1) states:1
Every individual should not be discriminated in regards to employment on grounds of nationality, colour, race, place of origin, gender, sexual orientation, age, prior criminal records, marital status, family status, disability and such. Further details can be referred to the link of the original legislation above.
Q: What is considered as Reasonable Notice Period or Pay in Lieu of Notice if the dismissal without cause is legitimate in the case of lay-off?
A: Employment Standards Act, 2000, S.O. 2000, c.H. 41, s.57 states:2 (Not applicable to Mass Termination)
3 months but less than 1 year's service -----------------------------> 1 week;
1 year but less than 3 years' service ------------------------> 2 weeks;
3 years but less than 4 years' service -------------------------> 3 weeks;
4 years but less than 5 years' service -------------------------> 4 weeks;
5 years but less than 6 years' service -------------------------> 5 weeks;
6 years but less than 7 years' service -------------------------> 6 weeks;
7 years but less than 8 years' service ------------------------> 7 weeks;
8 or more years' service -------------> 8 weeks
Common-Law Notice Period
Common- Law takes into consideration the following factors in determining reasonable notice period:
Pay in Lieu of Notice
To pay the terminated employee a lump sum that is equal to the amount that he/she would have earned during the reasonable notice period, including both compensation and benefits.
Q: Am I eligible for Severance Pay in compliance with the legislation?
A: Employment Standards Act, 2000, S.O. 2000, c.H.41, s 64 (1) states:3
"64(1) An employer who servers an employment relationship wit an employee shall pay severance pay to the employee if the employee was employed by the employer for five years or more and,
(a) the severance occurred because of a permanent discontinuance of all or part of the employer's business at an establishment and the employee is one of 50 or more employees who have their employment relationship severed within a six-month period as a result; or
(b) the employer has a payroll of $2.5 million or more."
Q: Am I entitled to ask independent legal advice before signing any release?
A: It is advisable to obtain independent legal advice before signing any release, which can prevent you from jeopardizing any further claims against the employer if there is any unjust term(s) found in the "Full and Final Release and Indemnity".
1 Source from Federal Statutes and Regulations.
2 &3 Quote from Ontario Statutes and Regulations, unofficial version
Other Employment Legal Services that Trustworthy Legal Services offers, including but not limited to:
Although each case is different , here are some real-life examples for your information and reference only. Please contact Trustworthy Legal Services directly for further information and for professional legal advice.
Q: Is the termination of employment legitimate?
A: Human Rights Code, R.S.O. 1990, c. H. 19, s. 5 (1) states:1
Every individual should not be discriminated in regards to employment on grounds of nationality, colour, race, place of origin, gender, sexual orientation, age, prior criminal records, marital status, family status, disability and such. Further details can be referred to the link of the original legislation above.
Q: What is considered as Reasonable Notice Period or Pay in Lieu of Notice if the dismissal without cause is legitimate in the case of lay-off?
A: Employment Standards Act, 2000, S.O. 2000, c.H. 41, s.57 states:2 (Not applicable to Mass Termination)
3 months but less than 1 year's service -----------------------------> 1 week;
1 year but less than 3 years' service ------------------------> 2 weeks;
3 years but less than 4 years' service -------------------------> 3 weeks;
4 years but less than 5 years' service -------------------------> 4 weeks;
5 years but less than 6 years' service -------------------------> 5 weeks;
6 years but less than 7 years' service -------------------------> 6 weeks;
7 years but less than 8 years' service ------------------------> 7 weeks;
8 or more years' service -------------> 8 weeks
Common-Law Notice Period
Common- Law takes into consideration the following factors in determining reasonable notice period:
- the employee's position
- the employee's age
- the employee's length of service
- the employee's level of compensation, and
- the availability of similar employment in terms of employee's experience, training and qualifications.
Pay in Lieu of Notice
To pay the terminated employee a lump sum that is equal to the amount that he/she would have earned during the reasonable notice period, including both compensation and benefits.
Q: Am I eligible for Severance Pay in compliance with the legislation?
A: Employment Standards Act, 2000, S.O. 2000, c.H.41, s 64 (1) states:3
"64(1) An employer who servers an employment relationship wit an employee shall pay severance pay to the employee if the employee was employed by the employer for five years or more and,
(a) the severance occurred because of a permanent discontinuance of all or part of the employer's business at an establishment and the employee is one of 50 or more employees who have their employment relationship severed within a six-month period as a result; or
(b) the employer has a payroll of $2.5 million or more."
Q: Am I entitled to ask independent legal advice before signing any release?
A: It is advisable to obtain independent legal advice before signing any release, which can prevent you from jeopardizing any further claims against the employer if there is any unjust term(s) found in the "Full and Final Release and Indemnity".
1 Source from Federal Statutes and Regulations.
2 &3 Quote from Ontario Statutes and Regulations, unofficial version
Other Employment Legal Services that Trustworthy Legal Services offers, including but not limited to:
- JUST CAUSE DISMISSAL
- WRONGFUL DISMISSAL
- CONSTRUCTIVE DISMISSAL
- DISCRIMINATION (HUMAN RIGHTS)
- INDEPENDENT CONTRACTOR VS. EMPLOYEE
