Can I be fired without any notice?
Yes, in some situations, like the ones below.
Temporary layoff
Ontario's (ESA) says you can be laid off without getting any if the layoff is temporary.
But the ESA rules apply only if you have agreed that your employer can put you on temporary layoff. For example, your employment contract could say this. And if you're in a , the rules will depend on what's in the .
If your employer did not have the right to put you on a temporary layoff, they may have to pay termination pay as if you were fired.
The ESA rules about temporary layoffs are complicated.
How long the layoff can be
The general rule is that a temporary layoff can be 13 weeks or less out of 20 weeks in a row.
In some situations, it can be longer than that. For example, if your employer keeps paying into your group benefits plan, it can be up 34 weeks or less out of 52 weeks in a row.
Or, if you are not in a union, your employer can put you on an extended temporary layoff if you agree in writing. This can be 51 weeks or less out of 78 weeks in a row.
If you’re fired for “cause”
Your employer may say they're firing you because of something you did. They may say they have “cause” or a good reason to fire you without giving you any notice.
Examples of “cause”
Here are some examples of when an employer might have the right to fire you without giving you any notice:
- you stole from your employer or damaged their property on purpose
- you threatened or assaulted someone at work
- you refuse to do something that's an important part of your job, unless you have a good reason, like refusing to do work that’s not safe
Even if you did something wrong, your employer might not have the right to fire you without notice.
For example, they might not be able to do this if:
- what you did was not very serious
- your employer did not give you a chance to correct your behaviour
- you have worked for your employer for a long time
Get help
It's important to get legal advice or talk to your union if your employer:
- puts you on a temporary layoff, and you do not think they have the right to do this
- fires you without notice