Working Notice in Ontario – What Employees Need to Know

If you’ve been told your job is ending and your employer wants you to keep working until a future termination date, you’ve likely been given working notice. But what does that mean, and is it a fair offer?

In Ontario, employers are allowed to provide working notice instead of paying termination or severance pay immediately. But there are strict legal rules around how working notice must be delivered. In many cases, the amount of notice is too short or doesn’t fully meet your legal rights.

Here’s what you need to know about working notice under Ontario employment law.

What is working notice?

Working notice is when your employer gives you advance written notice that your job will be ending on a specific future date, and asks you to continue working until that date.

Rather than providing a lump-sum payment for termination pay or severance pay, your employer allows you to “earn” that compensation by continuing to work during the notice period.

Watch: Working Notice in Ontario – Explained by Employment Lawyer

📺 Looking for a clear understanding about working notice? Watch as Lior Samfiru explains your rights on the Employment Law Show

Is Working Notice Legal in Ontario?

Yes. Under Ontario’s Employment Standards Act (ESA), employers can give working notice instead of paying termination pay. But:

• It must be in writing.
• The notice period must meet or exceed ESA minimums.
• You must be allowed to work under your regular terms (same pay, benefits, duties).

If your employer reduces your pay, changes your job, or shortens your hours during this time, the working notice may be invalid, and you may be owed compensation.

ESA Working Notice Requirements

Here’s how much working notice Ontario employers must give under the ESA:

This is the bare minimum. Most employees are entitled to much more under common law.

Common Law Working Notice

Unless your contract limits compensation to the ESA minimum through a termination clause, you’re likely entitled to reasonable notice under common law – generally referred to as full Ontario severance pay. The amount is based on:

• Your age
• Your position and responsibilities
• Length of service
• How easy it is to find a similar job

Full severance pay can be much more than ESA minimums – often up to 24 months’ pay.

If the working notice period your employer gave doesn’t match your full legal entitlements, they may owe you additional compensation.

Can I Quit During Working Notice?

Yes, but it can impact your entitlements.

If you leave your job before the working notice periods ends, you may not have a right to the rest of your termination or severance pay. However, there are exceptions – such as if you’re being mistreated or if the working conditions change significantly. This is called a constructive dismissal.

Speak to an employment lawyer at Samfiru Tumarkin LLP before quitting to protect your rights.

• READ MORE: Do I get severance if I quit my job?

What if Working Notice is Too Short?

If your employer gives you some notice, but not enough based on your service and situation, you may be owed a top-up.

• Example: You’re a 55-year-old manager that has just been fired without cause. After working 10 years, you are given 8 weeks of working notice. ESA is satisfied (8 weeks), but common law might require 14 months’ pay. Your employer may owe you a significant amount even after working notice ends.

Working Notice vs. Termination Pay

Here is a quick look at how working notice compares with termination pay in Ontario.

Don’t Assume Working Notice Is Enough

Many employees accept working notice without realizing it’s far less than they’re owed. Employers sometimes count partial notice or unclear timelines as full compensation, when it’s not. Before you sign any termination papers or offers, read our blog about severance offers deadlines and extensions to learn more about your rights.

Talk to an Ontario Employment Lawyer

If you’ve been placed on working notice, or recently completed one and think it was too short, we can help.

At Samfiru Tumarkin LLP, we’ve helped thousands of non-unionized Ontario employees secure full compensation after being shortchanged on notice or severance.

Don’t leave money on the table. Contact us today to discover you rights with help from our employment lawyers in Ontario.