When your employment ends without cause in Ontario, you're entitled to notice — or pay in lieu of notice. Understanding how much you're entitled to requires looking at both the Employment Standards Act minimums and your common law entitlements.
ESA Minimum Notice
The Employment Standards Act sets minimum notice periods that cannot be contracted out of:
- 3 months to 1 year service: 1 week
- 1-3 years: 2 weeks
- 3-4 years: 3 weeks
- 4-5 years: 4 weeks
- 5-6 years: 5 weeks
- 6-7 years: 6 weeks
- 7-8 years: 7 weeks
- 8+ years: 8 weeks
Common Law Reasonable Notice
Beyond ESA minimums, most employees are entitled to reasonable notice under common law — often much more than the ESA minimum. Courts consider age, length of service, position, and re-employment prospects. A 50-year-old manager with 15 years of service could be entitled to 18-24 months of notice.
Pay in Lieu of Notice
Employers can choose to provide working notice or pay you instead of requiring you to work the notice period. "Pay in lieu" must include your full compensation — base salary, bonuses, benefits continuation, and other compensation you would have received during the notice period.
Termination Clauses
If your employment contract contains a valid termination clause, it may limit your notice entitlement to the ESA minimum. Many such clauses are invalid — consult a lawyer before assuming you're limited to what your contract says.