How Much Termination Notice Does the ESA Require in Ontario?
Ontario's Employment Standards Act sets a minimum amount of notice or pay when you are let go without cause. Here is the exact scale and why it is only the floor.
Key takeaways
- ESA notice runs from 1 week (after 3 months) up to a maximum of 8 weeks.
- It applies to employees with at least 3 months of service, let go without cause.
- Your employer can give working notice, pay in lieu, or a mix.
- This is the minimum floor, and common-law notice is usually much larger.
- Mass terminations (50+ employees) trigger a separate, longer notice scale.
In this article
When you are let go without cause in Ontario, the Employment Standards Act sets a minimum amount of notice, or pay instead of notice. It is the number many employers quote first, and it is worth knowing exactly what it is, because it is only the floor. Here is the ESA scale and how it fits with what you may really be owed.
✅Quick answer. Under the ESA, an employee with at least three months of service who is let go without cause is entitled to written notice, or pay in lieu, on a sliding scale from 1 week up to a maximum of 8 weeks, based on length of service. That is the statutory minimum. Most non-unionized employees are entitled to significantly more under common-law reasonable notice, unless an enforceable termination clause limits them to the ESA floor.
The ESA notice scale
The amount of notice or termination pay depends on how long you were employed:
| Length of service | Notice / pay in lieu |
|---|---|
| Less than 3 months | None |
| 3 months but less than 1 year | 1 week |
| 1 year but less than 3 years | 2 weeks |
| 3 years but less than 4 years | 3 weeks |
| 4 years but less than 5 years | 4 weeks |
| 5 years but less than 6 years | 5 weeks |
| 6 years but less than 7 years | 6 weeks |
| 7 years but less than 8 years | 7 weeks |
| 8 years or more | 8 weeks |
Notice, pay in lieu, or both
Your employer can satisfy this in a few ways. It can give you working notice, meaning you keep working through the notice period, or it can pay you termination pay in lieu of notice as a lump sum, or it can combine the two. During the statutory notice period your wages and benefits generally have to continue. This ESA termination pay is separate from ESA statutory severance pay, which is an additional entitlement for longer-service employees at larger employers, explained in our guide to termination pay versus severance pay.
Why this is only the floor
The ESA scale caps out at 8 weeks, but common-law reasonable notice has no such cap and is usually far larger. A long-serving employee could be owed many months of pay in lieu of notice under common law, while the ESA minimum for the same person is just 8 weeks. The only thing that typically holds you to the ESA floor is an enforceable termination clause in your contract, and many of those clauses are defective and unenforceable.
What about mass terminations?
If 50 or more employees are let go at an establishment within a four-week period, a separate mass-termination notice scale applies, with longer minimums (8, 12, or 16 weeks depending on the number of employees). That is covered in our guide to mass layoffs and group terminations.
What should you do with the ESA number?
- 1.Use the scale above to confirm your statutory minimum floor.
- 2.Check your contract for a termination clause, since that is what usually decides whether you are capped at the floor.
- 3.Assess common-law reasonable notice on top, which is where the real value usually is.
- 4.Get the offer reviewed before you sign, because employers often present the ESA minimum as the whole entitlement.
For the bigger picture, see severance pay in Ontario and how much severance you are really owed, or start a severance review to see how far above the ESA floor your real number sits.
Frequently asked questions
What is the minimum termination notice under the ESA in Ontario?
It runs from 1 week (after three months of service) up to a maximum of 8 weeks, on a sliding scale based on length of service. Employees with less than three months generally get none under the ESA.
Can my employer just pay me instead of giving notice?
Yes. Your employer can give working notice, pay termination pay in lieu of notice, or combine the two. During any statutory notice period your wages and benefits generally have to continue.
Is the ESA minimum all I am owed?
Usually not. The ESA scale caps at 8 weeks, but common-law reasonable notice has no cap and is typically much larger. Only an enforceable termination clause usually holds you to the ESA floor, and many such clauses are unenforceable.
Does a big layoff change the notice I get?
Yes. If 50 or more employees are terminated at an establishment within four weeks, a separate mass-termination scale applies with longer minimums of 8, 12, or 16 weeks depending on the number of employees affected.
Daniel Carter
Legal Writer, Mirza Law
Daniel Carter is a legal writer at Mirza Law in Toronto. He writes about layoffs, employment contracts, and the steps to take before you sign anything from your employer.
See all articles
