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Employment Contract

Termination Notice


Termination Notice




Frequently Asked Questions
What is "notice"?A notice period is the length of time between a party being notified of an action and the action taking place.

For example, an employer giving a 2 week termination notice means the employee will be notified of the decision 2 weeks before the employment relationship actually ends.
How much notice should the employer give? Generally, the longer an employee has worked for the employer the longer the notice period given. While the notice period must be greater than any minimum statutory requirements for your state, most customers choose 1-2 weeks’ notice.What is the statutory minimum notice of termination?Under the National Employment Standards (NES), if an employer terminates the employment of a permanent employee they must provide at least the following notice:

  • 1 week - 0 to 1 year of continuous service

  • 2 weeks - 1 to 3 years of continuous service

  • 3 weeks - 3 to 5 years of continuous service

  • 4 weeks - more than 5 years of continuous service

If the employee is over 45 years old and has completed at least 2 years' continuous service with the employer, they're entitled to an extra week of notice.

Different notice periods might apply for casual employees or for employees under specific awards.
Does the employer have to give notice if there is sufficient cause to terminate?In most jurisdictions if there is sufficient "cause", the employer may terminate the employee without any obligation to provide notice or pay in lieu of notice. However, the employer must ensure that the reason for termination is properly communicated at the time of termination.

Some typical examples of sufficient cause are dishonesty, disloyalty, insubordination, lateness/absenteeism, disruption of business of affairs, alcohol or drug use, incompetence, neglect of duty, criminal or immoral conduct and sexual harassment. Note that the employer may ultimately have to prove to a court (or other tribunal) that there was sufficient cause for termination.
Notice an employee must give the employer?Most employers choose to require 2 weeks’ notice from an employee but you should still check the statutory requirements for your jurisdiction.

It is important to note that the notice period required of an employee must be reasonable and an employee cannot be compelled to work in hostile or unsafe conditions or where a future employment opportunity is put at risk.


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Last Updated January 7, 2025


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