Employee notice of resignation (Ontario)

Do you have to give 2 weeks’ notice in Ontario?

There is no legal requirement under Ontario’s Employment Standards Act (ESA) or any similar legislation that mandates an employee to give two weeks’ notice before resigning. However, providing notice is a common courtesy that can help maintain a positive relationship with your employer.

It’s important to check your employment contract, as it may specify a required notice period.

What happens if you don’t give two weeks’ notice?

If you don’t give reasonable notice when resigning in Ontario, your employer could potentially take you to court for wrongful resignation. However, this is extremely rare.

If your employment contract specifies a notice period and you ignore it, your employer might have stronger grounds for a legal claim. To succeed, the employer must prove that your sudden departure caused them financial harm. Additionally, they are required to mitigate their losses by attempting to find a replacement.

LEARN MORE
• CTV: Employment lawyer on employees sued after quitting without notice
• Do I get severance pay when I quit?

How to give notice to your employer

The best way to give notice is to tell your employer in person, followed by a formal resignation letter. While it might be easier to send an email or message, discussing your resignation face-to-face shows respect and helps maintain a positive relationship as you leave.

Does your employer owe you pay when you quit?

When you resign from your job:

• Final Pay: You are entitled to receive pay for all hours worked up until your last day of employment.
• Vacation Pay: Any accumulated vacation time or pay should also be provided with your final paycheck.
• Bonuses and Commissions: If you are eligible for a bonus or commission, you may still be entitled to receive it, depending on the terms of your employment contract and whether the bonus or commission was earned before your resignation. It’s important to review your contract or consult with an employment lawyer to understand your specific entitlements.

Can your employer force you to resign?

No, your employer can’t legally force you to resign. If you’re pressured to leave or feel compelled to quit due to significant changes in your job, harassment or a toxic work environment, you may be facing constructive dismissal. Learn more about your rights and options on our dedicated resource about Constructive Dismissal in Ontario.

A forced resignation could entitle you to a full severance package – up to 24 months’ pay.

• NOTE: It is extremely important that you speak with an experienced employment lawyer at Samfiru Tumarkin LLP before quitting your job if you feel you have no other choice. Failure to do so could jeopardize your ability to collect proper severance pay!

Can your employer fire you after you give two weeks’ notice?

Yes, your employer can terminate your employment after you give two weeks’ notice. However, if they do, it is considered a termination without cause in Ontario, and you may be entitled to severance pay, depending on your circumstances.

Lost your job? Talk to an employment lawyer

If you are a non-unionized employee, and have been fired or let go for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

In addition to severance package negotiations, we can assist you on a broad range of employment matters, including:

If you are a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.