![]() Group termination rules follow the same process as ending employment for an individual employee. The Employment Standards Branch cannot provide legal advice.Įnding employment for more than 50 employees If an employee chooses to go to court, they should seek legal advice. This is different than making a complaint for compensation for length of service with the Employment Standards Branch. If they cannot show proof that they did this, they may not be able to prove just cause.Įmployers do not need to give written notice or pay if they fire an employee for just cause.Įmployees who feel they have been fired without just cause can sue for wrongful dismissal. They also need to act in a reasonable amount of time to correct employee behaviour. Still didn’t meet the standards after all of the aboveĮmployers must provide clear and consistent standards for all staff.Was warned that they would be fired if they did not improve their behaviour.Had reasonable time and help to meet the standards.Was told that they weren't meeting the standards.Was told clearly what the employer's reasonable standards are.For example, the employer must prove that the employee: An employer can fire an employee for these reasons as long as they give notice and/or pay.Īn employer may be able to fire an employee for these reasons without notice or pay if they can show they did certain things. Unsatisfactory performance (for example, an employee is unable to perform job duties) or minor misconduct (such as lateness or not coming to work) are not considered just cause. ![]() For example, if an employee steals, commits fraud, acts dishonestly, assaults or harasses others, or breaks company rules. If an employer proves an employee was fired for just cause, there is no requirement to pay compensation for length of service.Īn employer can fire an employee with just cause if they commit a serious offence. If an employer has just cause, they don't have to give notice or pay. There are certain limited exceptions when an employer will not be required to pay compensation for length of service.Įmployers can also fire an employee for just cause. They can also choose to give a combination of both notice and pay. To end an employee's job, employers can give written working notice or an equal amount of pay called compensation for length of service. If an employee does give notice that they quit their job, the employer can choose to terminate them sooner as long as they pay an amount that equals the remaining notice given by the employee or the amount they would have to pay the employee if they had decided to terminate them – whichever is less. If an employee quits their job, it may affect their eligibility for federal government benefits.Įmployees should consider whether they are eligible for a job-protected leave of absence if they need to unexpectedly take time off work to deal with illness or life situations. Employees who quit their job are not paid compensation for length of employment. Employers usually like some notice before an employee quits, but this is not required.
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