By Chelsea Gibson, BA, LLB and Kevin Thompson, B.Sc.
When an employee is terminated, they are generally entitled to written notice of termination or payment in lieu thereof. The written notice required is generally determined by how long someone has been employed by an employer, and this varies from province to province. Notice of termination of employment, once given, cannot be withdrawn without the consent of the employee.
The following chart specifies only the minimum periods of statutory notice required. If there is no employment contract in place, which limits the obligations to the minimum notice, the entitlements of the employee are significantly higher and the employer should consult with legal counsel to determine the reasonable notice period. As the maximum obligations at common law are considerably longer, there is great benefit to employers having a lawyer draft binding employment contracts, which include a termination clause that works for both the employer and the employee.
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