Question from Ali, What Are My Rights After Being Terminated in Ontario?
Answer from AI:
If you have been terminated from your workplace in Ontario after being employed for more than three years, it’s important to understand your rights under the Employment Standards Act, 2000 (ESA) and potentially under common law. Here’s a general overview of what you should know:
Notice of Termination or Pay in Lieu
- Under the ESA, employers are required to provide notice of termination or pay in lieu of notice to employees who have been continuously employed for three months or more.
- Since you have been employed for more than three years, you are entitled to at least three weeks’ notice or pay in lieu of notice.
- The amount of notice or pay in lieu increases with the length of employment, up to a maximum of eight weeks.
- You may also be entitled to severance pay if your employer has a payroll of at least $2.5 million or if at least 50 employees were terminated within a six-month period due to the permanent discontinuance of all or part of the business.
- Severance pay is calculated based on your years of service, with the formula being one week’s pay for each year of employment, up to a maximum of 26 weeks.
Common Law Entitlements
- Beyond the ESA, you may have additional rights under common law, which could entitle you to more notice or compensation than the statutory minimums.
- Common law entitlements are determined by factors such as age, length of service, the character of employment, and availability of similar employment.
- Consulting with an employment lawyer can help you understand if you are entitled to more than the ESA requirements.
Calculating Your Compensation
Based on the information provided, if you are only entitled to the statutory minimums under the ESA, your compensation for three weeks’ notice would be calculated as follows:
- Hourly wage: CA$17
- Hours per week (assuming a 40-hour work week): 40 hours
- Total weekly wage: 17 x 40 = CA$680
- Pay in lieu of notice for three weeks: 680 x 3 = CA$2,040
- Review your employment contract and company policies to understand any specific terms related to termination.
- Request a written statement from your employer detailing the reasons for your termination.
- Keep records of any communication with your employer regarding the termination.
- Consider consulting with an employment lawyer to assess your situation and explore the possibility of additional compensation under common law.
It’s important to note that this information is a general guideline and individual circumstances can vary. For personalized advice, you should consult with a legal professional. They can provide guidance based on the specifics of your case and help ensure that your rights are fully protected.
For more information on termination and severance, you can visit the Ontario Ministry of Labour, Training and Skills Development website.
Remember, while this information can help you understand your rights, it is not a substitute for legal advice tailored to your particular situation.