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NOTICE OF TERMINATION IN ONTARIO

There are various reasons why you would want to quit your job. It could be for a switch in career, better opportunities or simply because you don’t want to work in the current office. When you decide to quit your job, you are aware that you have to inform your employer about the same. The question that arises is when are you supposed to tell them about the decision? Most of the time we hear that we are required to give in a two weeks notice. It is not always the case. Here is all that you need to know about the notice of termination in Ontariothat you are to give your employer when quitting the job.

Is it necessary to give your employer notice?

When the employer is terminatng your job, they are required to give you a notice or a payment in lieu. Hence, when you make the decision to quit, you must provide your employers with reasonable notice of resignation. The main reason why you have to provide reasonable notice is that it gives the employer the chance to hire and train a replacement when an employee is leaving the company.

How long should be the notice period?

There is no fixed amount of notice that you are required to give. The two weeks notice might not always be appropriate. Various factors need to be taken into account to determine the appropriate period. It includes the responsibilities, length of the service, salary and the time the company will take to replace or adapt to the loss. When you have worked with the company for a long tie in a specialized role, it might become difficult for the company to find a replacement. In such a situation, you are expected to give a longer notice period as compared to when employed in a minor role for a short period. Sometimes the employment contract provides the period during which the notice should be given. The period stated in the contract could be longer than two weeks. You must read the contract carefully.

What happens when you fail to give notice?

When unable to give a notice, you might be held accountable by the former employer for damages. The damages are calculated by assessing the costs that the employer faced due to failure to provide reasonable notice. When the employer is stating damages, they need to prove the incurred costs, expenses and damages were greater than what was saved by the employee but not paying the salary which would’ve been otherwise paid during the notice period. Just showing that the unexpected resignation was inconvenient for them is not enough. They have to also prove that they tried to mitigate their losses.

Should you always provide a notice?

Providing your employer with resignation is not always the easiest thing to do. However, taking this uncomfortable step is the safest thing to do. If planning to leave your job, provide them with reasonable notice.

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