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Video instructions and help with filling out and completing Separation notice requirements by state
Instructions and Help about Separation notice requirements by state
Whether you have an employment criminal family corporate or personal injury matter legal issues can be puzzling the lawyers at Deborah Smith and Frank make all the pieces fit together today I'm going to talk to you about working notice of termination and the obligations of the employer and employee in the context that when the employer decides determining the relationship I'm also going to talk to you about two recent cases involving situations where the employee fails to work during the working notice period offered so employers must prreasonable notice to employees on termination of his or her employment absent Just Cause the primary purpose of this is of this notice requirement is to compensate the employee while he or she looks for comparable employment the minimum notice periods can be found in an Employment Standards Act however as you probably already know usually the minimums are not sufficient and you need to look at what's reasonable in the circumstances this is generally set out in the case law and the courts look at things such as like age length of service position and comparable employments as well when an employer is providing or offering working notice of termination or started working notice they should also consider that the sort of the environment and there's not hostile and it's not unreasonable to expect that employer from continuing to work during the notice period so that's another obligation of the employer and make sure that the workplaces actually going to be okay for the worker to work there employees also have a duty upon being terminated from their employment they have a duty to mitigate their damages in the context of working notice this duty to mitigate essentially transit translates into an obligation to work until the end of their notice period unless he or she opts to quit beforehand they're generally employers have to decide whether or not you want to prworking notice whether you want to pay and lieu thereof or whether you want to do a combination of the two this of course subject to any restrictions that are outlined in an employment contract that you already have in place at first blush working there seems ideal as it looks like the most cost-effective option the employer groups the benefits of having an employee work during the notice period while significantly reducing the cost of termination to statutory severance pay however of course there's a number of things to consider before making that decision statutory severance pay our section 64 and reploid Standards Act in Ontario cannot be provided in terms of working notice this must actually be paid out to the employee so even though you might pra working notice period you still might have to pay something out it's it reasonable you'll have to look at whether it's reasonable like I was talking about earlier whether it's reasonable to expect the employee to continue working is it its environment of the.