Working Notice: Ultimate guide for employees

What is working notice?

Working notice is when an employer tells an employee that they will lose their job on a future date. When an employer provides an employee with advance warning of their termination, that person must continue to work until that final date. Employers must give notice when they fire someone without cause.

• Example: Your employer tells you on January 1 that your last day with the company will be June 1. The time between January 1 and June 1 is your working notice of termination. You must continue performing your job duties until June 1.

Instead of dragging out the dismissal until a later date, many companies prefer to end the employment relationship immediately. Staff are then given a severance package instead of working notice.

WATCH: Employment lawyer Lior Samfiru delves into working notice on an episode of the Employment Law Show.

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How long can the working notice period be?

It is possible for the working notice period to be as long as 24 months.

The total length of the working notice period should be based on numerous factors, including how long you worked for the company, your position, salary, and ability to find similar employment after your termination – much the same way we calculate severance packages in Canada.

• Example: In January 2018, Campbell Soup told employees at its Etobicoke factory that it would close the location 18 months later. The 380 workers at the plant were therefore given 18 months’ working notice, setting their termination date for mid-2019.

All non-unionized employees in Canada are entitled to notice of termination. However, companies might include a termination clause in your employment contract that replaces this right with a different amount of working notice.

If there isn’t an enforceable termination clause in your agreement, you are entitled to notice.

READ MORE
• ’60 days or more’: Is it an enforceable termination clause?

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What if my employer didn’t provide me with enough working notice?

If your employer didn’t provide you with the appropriate amount of working notice, you have been wrongfully dismissed. Like severance pay, working notice is calculated based on a number of factors unique to each individual employee.

The experienced employment law team at Samfiru Tumarkin LLP can help you file a claim and ensure you receive the compensation you are owed.

LEARN MORE
• Wrongful Dismissal in Ontario
• Understanding Wrongful Dismissal in Alberta
• What you need to know about Wrongful Dismissal in B.C.

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Does my employer have to give me working notice?

While your employer has the option to give you working notice, they are not legally required to do so. However, if the company chooses not to give you notice when they fire you, they must instead provide you with a full severance package. An employer can also decide to provide you with a combination of working notice and severance pay.

Many companies in Canada fail to provide employees with enough working notice, severance pay, or combination of both. When this happens, it is called a wrongful dismissal, and you can file a claim for compensation through one of our employment lawyers.

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Do I have to work the full working notice period?

You do have to work the entire working notice period. However, you can make a case to your employer about why it might be better to provide you with severance and end the employment relationship immediately.

• Example: A company provides an employee with 12 months working notice. For an entire year, the individual is going to have to work with people who know that their employment has an expiration date, which could make things very uncomfortable and affect overall productivity. To avoid this situation, the employee could ask their employer to shorten the working notice period or request a clean break from the company with severance.

If you have concerns about the length of your working notice, seek legal counsel.

Our employment lawyers in Toronto, Ottawa, Calgary and Vancouver can review your situation and help you negotiate a severance package with your employer, which could get you out of serving the entire working notice period.

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Can my employer extend the working notice period?

Your employer can’t extend the working notice period past the original termination date they have given you. The date of termination must be established in writing. If your employer extends the termination date, that additional notice period will likely not count towards the overall notice period or severance pay your are owed. The amount of time you continue to work for the employer during these extensions will also count toward your total years of service, thereby increasing your severance amount.

LISTEN: Employment lawyer David Vaughan explains how he helped a client whose working notice period was extended multiple times, on the Employment Law Show.

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Can I quit during working notice?

If you resign from your job voluntarily during the working notice period, you may not be owed severance pay or Employment Insurance (EI).

However, if you are forced to leave because of unwanted changes to your job before your termination date, you could file a claim for constructive dismissal. This would allow you to quit and still receive full severance pay.

READ MORE
• Changes to your job in Ontario
• Alberta and changes to your employment
• Can your employer change your job in B.C.
• Do I get Severance if I Quit?

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Do I get more severance after the working notice period ends?

There are some situations when you might be owed severance pay after the working notice period has ended.

The length of your working notice subtracts from the amount of severance you would have received if your employer ended the employment relationship immediately.

• Example 1: If an employee worked for a company for 27 years, and is let go with three months’ notice, their employer could owe them an additional 21 months’ pay in severance.
• Example 2: In January 2018, Campbell Soup gave workers at its Etobicoke factory 18 months of notice that the factory was closing in mid-2019. While this amount of working notice was more than sufficient for some employees, others (depending on the details of their employment) may have been owed an additional four months’ pay in severance afterwards.

To figure out how much compensation you might be owed, use our firm’s free Severance Pay Calculator tool or contact an employment lawyer at Samfiru Tumarkin LLP to review your entitlements.

ADDITIONAL RESOURCES
• How to Calculate Severance Pay
• Severance Pay in Ontario
• Alberta severance packages
• Understanding severance in B.C.

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Can my employer make changes to my job during the notice period?

You don’t have to accept major changes to their job during the working notice period. Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

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Can I be fired “for cause” during the notice period?

Your employer can dismiss you for just cause during the working notice period. However, this type of termination is reserved for the worst kinds of workplace offences, such as theft or insubordination.

Your company would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be insufficient

If you have been fired for cause, contact an employment lawyer at Samfiru Tumarkin LLP immediately. We can review your situation and determine whether or not you are entitled to severance pay.

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Can I start a new job during the working notice period?

You can start another job during the working notice period and still be entitled to severance pay.

However, the income you receive from the new role will reduce the compensation you are owed by the employer that is firing you or letting you go at a later date.

LEARN MORE
• Employment lawyer on what workers need to know before starting a new job

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Employment lawyers for working notice

If you have received working notice and aren’t sure if your employer provided you with the appropriate amount of time before terminating you, contact the experienced employment law team at Samfiru Tumarkin LLP. We can review your situation and help you defend your workplace rights.