- How much notice should my employer give me before they terminate me? When am I entitled to termination pay?
Your employer can end your employment without notice if you’ve worked for less than 3 months.
After 3 months, they must give you notice in writing. If you do not get notice, you should get termination pay instead. The amount of notice or termination pay you get depends on how long you have worked for the employer, or what is stated on your contract (if you have one) if it is more than what the law guarantees.
2. If I have been terminated, when should my employer give me my Record of Employment (ROE) and my T4?
Your employer should provide your ROE within 5 calendar days after you received your final wages. You do not need to wait for your ROE to apply for Employment Insurance (EI).
Your employer has until March 31 of each year to file your T4 and send a copy to you.
3. What should I do if my employer is forcing me to sign a resignation letter?
You have the right not to sign anything. You can let your employer know that you want to review the letter first or talk to a lawyer before signing it.
You cannot sign away your rights. Even if you are forced to sign a document, you can fight it later. Make sure you write down or keep copies (screenshots of texts, emails, etc.) of everything that happened when your employer forced you to sign something. Contact us for help.
4. What should I do if my employer terminated me, but they said I “quit” on my ROE?
If you think it is safe, you can ask your employer to change the ROE.
If you need your ROE to apply for Employment Insurance (EI), you can write an explanation of your situation and include it with your EI application. If you need the ROE for your PR, only the hours or months you worked are important – the reason for termination will not affect your PR application.
5. Can my employer terminate me if I stand up for my rights?
It is against the law for your employer to terminate you, reduce your hours, or punish you in any way for asking questions about your rights. For example, this can include if you bring up issues about your pay or if you are working long hours without pay.
If you are terminated for standing up for your rights, this is called a “reprisal,” and you can file a claim with the Ministry of Labour. Make sure to write down or keep copies (screenshots of texts, emails, etc.) of everything that happened when your employer terminated you.
6. What should I do if my employer terminates me and has not paid my full wages?
Ask your employer in writing (email, text, on paper) to pay you your wages and how much they owe you. This can be used as proof if you need to file a Ministry of Labour claim.
If your employer refuses to pay you your wages, you can file a Ministry of Labour claim or connect with other care workers like you to take action. Laws alone cannot protect us – workers need to take action together to have more power. Join us!