Employment Statutory Minimums

Employment Statutory Minimums

In Ontario, most workers are covered by the Employment Standards Act (ESA), which provides guidelines for employee rights both during and after their employment.

When an employment relationship is terminated, an employee may be entitled to a certain amount of notice, or termination pay in lieu of notice, commensurate with the amount of time they have worked at their place of employment.

If you have questions about employment statutory minimums or believe you have been wrongfully dismissed, contact our employment lawyers today to schedule a free consultation.

What Are Employment Statutory Minimums in Ontario?

Employment Statutory Minimums are minimum entitlements when you are terminated from your job without cause. The amounts are based on an employee’s length of service – the amount of statutory minimums range from 1-8 weeks of pay.

What Is the Ontario Employment Standards Act?

The Ontario Employment Standards Act is a provincial statute that protects workers’ rights. It tells employers how to treat workers fairly. The ESA protects most workers in Ontario, but does not apply to workers of federally-regulated industries such as banks or transportation.

What Is the ESA Notice in Ontario?

Under the Employment Standards Act, employers are required to provide the terminated employee a minimum of 1-8 weeks of notice or pay in lieu of notice, unless the dismissal is being made for just cause.

What Is Common Law Reasonable Notice?

Common law reasonable notice is not contained in any written statute, but is instead determined by the courts. Depending on various factors, the amounts of termination pay an employee may receive under common law may be well in excess to what they may be entitled under the ESA.

How Are Employment Statutory Minimums Calculated in Ontario?

The calculation of ESA statutory minimums is simple: one week per year of service, up to a maximum of eight weeks.

What Happens if an Employer Does Not Give Me Statutory Minimum Notice?

It is quite rare for an employer to not provide statutory minimum notice, unless the dismissal is being made for cause. If the employer refuses to give you the statutory minimum notice to which you are entitled, you may be able to sue them. If you find yourself under these circumstances, call our Toronto employment lawyers today to see how we might be able to help.

How Can an Employment Lawyer Help Me if I Have Been Fired Without Statutory Minimum Notice?

If you have been fired without statutory minimum notice, a Toronto employment lawyer will be able to call your employer and explain why you are entitled to this payment.  If the employer then refuses to pay, we may be able to help you navigate the legal process, up to, if needed, suing your former employer.

How Can an Employment Lawyer Assist Me With Issues Resulting From Wrongful Dismissal?

Legal issues involving employment statutory minimums often have to do with wrongful dismissal. An example of a wrongful dismissal may be when an employer fires an employee and pays out their ESA minimums, but refuses to pay their common law reasonable notice. A Toronto employment lawyer may be able to consult you on your rights, call the employer on your behalf, and, if need be, help to sue them for your entitled minimums.

Contact Our Employment Lawyers Today To Help With Your Employment Statutory Minimums

Whether you have questions about employment statutory minimums in Ontario, or would like to learn what may be possible in your termination-related issue, our team of employment lawyers at Howie, Sacks & Henry LLP would be happy to discuss your case. We may be able to help you understand your legal entitlements, and work to ensure your rights are protected. Contact us to schedule your free consultation today.

*Please be advised that the content of this article is intended as a general overview on the subject of employment statutory minimums in Ontario, and should not be construed as legal advice. For legal advice, please consult with a Toronto employment lawyer.

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