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Notice of termination under employment standards legislation may be affected when a company or organization terminates the employment of fifty (50) or more employees within a four-week period, otherwise known as a mass termination. When this occurs, the amount of notice employees are entitled to is based on the number of employees who have had their employment terminated rather than on the employees’ length of employment. Where:

  • 50 to 199 employees are terminated, eight weeks’ notice must be given;
  • 200 to 499 employees are terminated, twelve weeks’ notice must be given; or
  • 500 or more employees are terminated, sixteen weeks’ notice must be given.

However, the mass-termination rule does not apply in the following circumstances:

  • The number of employees being terminated represents less than 10% of the employees who have been employed for at least three months; and
  • None of the terminations are caused by the permanent discontinuance of all or part of the employer’s business

It is important to keep in mind that the above is a minimum requirement and does not reflect common law notice which employees are entitled to unless they have agreed to an enforceable employment contract that removes their right to common law. For further details to determine entitlement in your specific case contact a reliable and well-informed employment lawyer.

If you were terminated as part of a mass termination and are seeking legal advice with respect to your entitlements, please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via email to mlahert@sultanlawyers.com.