Leaving or Losing Your Job

An employer can terminate your job for many reasons, but there are some exceptions. For example, your employer can choose to let you go because of:

• poor performance
• being late too often
• having a bad attitude
• a shortage of work

An employer cannot fire you because of things like your sex, race, nationality, religion or place of origin. See Human Rights for more information.

Employers also cannot fire you because you are away from work on a leave that you are entitled to take. See Time Off for more information.

If you lose your job through no fault of your own and cannot find work, you may be able to get Employment Insurance. If you are unable to find a new job and cannot support yourself, you may be able to get Social Assistance.

If you have been working for your employer for more than 13 weeks and you want to quit, you need to give 2 weeks’ notice. This does not apply if:

• there is an established custom in the particular industry that requires other or no notice
• leaving is due to danger to your health and safety
• leaving is due to a reduction in wage
• the employment contract can no longer be performed due to unforeseen circumstances

If you have worked for your employer for more than 13 weeks, your employer must give you notice if they lay you off without just cause.

Notice requirements depend on how long you have worked for your employer. If you have worked:

• less than a year, your employer needs to give you 1 weeks’ notice
• more than a year but less than 3 years, your employer needs to give you 2 weeks’ notice
• more than 3 years but less than 5 years, your employer needs to give you 4 weeks’ notice
• more than 5 years but less than 10 years, your employer needs to give you 6 weeks’ notice
• more than 10 years, your employer needs to give you 8 weeks’ notice

An employer can choose to pay you instead of giving you notice. In this case you would leave your job right away but still get paid for the whole notice period.

The notice periods above are the minimum set out by the law. If your employment contract does not specify that the minimums apply, you could be entitled to more notice or pay in lieu. If you think you might be entitled to more than minimum consult a lawyer.