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Frequently Asked Questions

Employment concerns when there is no union

Can I be fired or laid off without any notice or pay instead of notice?

Yes, in some situations. For example, if you have not worked continuously for at least 3 months, or if your employer fires you because of your own misconduct. But, what your employer says is misconduct might not be misconduct under the law. If you think your employer was wrong to fire you without notice, or pay in lieu, seek legal advice.

You may be laid off without notice if it is temporary. In most cases, the law says you are laid off temporarily if you are laid off for 13 weeks or less. If you are laid off, get legal advice about whether your lay-off is temporary or permanent.

If you are fired, or laid off for 13 weeks or more, in most cases your employer must tell you ahead of time or give you pay in lieu of notice. Your employer must give you notice in writing.If the employer is firing you, instead of giving notice he can give you pay for the number of weeks of notice. This is called termination pay.

How much notice should I get?

The amount of notice you get depends on how long you have worked for your employer. The Employment Standards Act sets out minimum notice periods. These range from 1 week, for people who have worked at least 3 months, to 8 weeks, for people who have worked for 8 years or more.

Should I receive severance pay?

Severance pay is an additional payment that some people get when they lose their jobs. You only get severance pay if you have worked at least 5 years for your employer and:

  • your employer pays out wages at least $2.5 million a year in Ontario, or
  • at least 50 people will be losing their jobs within a 6-month period because the business is being cut back.

Severance pay is one week's pay for each year of employment, up to a maximum of 26 weeks.

What papers must my employer give me when I leave a job?

You should receive a form called a Record of Employment within 5 days of your last day worked. If your employer has not provided your Record of Employment (ROE), you should still apply for Employment Insurance (EI) benefits. If you do not apply within 4 weeks after you stop working, you might not receive as many payments.

Get legal help if your employer will not give you the ROE or if the EI office will not let you apply.

Can I get EI benefits?

If you are unemployed and looking for work you may be able to get EI benefits. EI benefits are based on the number of hours you worked during a certain "qualifying period." Usually, your qualifying period is the past 12 months, but sometimes it can be a different amount of time. For example, if you have been on EI in the past year, your qualifying period will only go back to the start date of your last EI claim.

Can I get EI if I quit my job?

It depends on why you quit or were fired. If you quit your job without "just cause," you will probably not qualify for EI. Just cause means you had no other reasonable choice but to quit. Not coming back to work when you are recalled after a layoff is also considered quitting.

When you quit your job without just cause, you cannot use any of the hours you worked at that job to qualify for EI, even if you worked there for many years.

If you have a problem at work, you should try to fix it. Even if you do not succeed, it helps to show you tried. If the problem is so serious that it cannot be fixed, you might qualify for EI if you quit. Try to get legal advice right away. It is important to get legal advice before you quit your job for any reason. If you are refused EI benefits, you can appeal.

 

For more information on employment related issues, please contact the Ministry of Labour web site at www.gov.on.ca/lab or call Employment Standards Inquiries at 1-800-531-5551.

 

Social Assistance

How do I apply for Ontario Works (formerly welfare) for financial assistance?

Social assistance is available for people who need money because they cannot find work or are temporarily unable to work. You must phone your regional call centre. The official name for the call centre is "Intake Screening Unit," (ISU). Your local OW office will give you the number for the call centre in your area. It is also available at the Ministry of Community and Social Services web site at www.cfcs.gov.on.ca. . The government will be changing this procedure in the near future.

If you have problems applying through the call centre, contact your local OW office or contact our office for help.

Be prepared to spend at least half an hour on the phone giving details of your financial, family, housing and employment situation. If the worker who is conducting the phone interview thinks that you are not eligible, you might be asked if you still want to continue your application. Please continue with the application. You do have the right to make the application and the worker could be wrong in thinking you are not eligible.

What if I am denied social assistance?

You can appeal to the Social Benefits Tribunal, but only after an internal review by the OW office has been completed. Once you receive a letter saying you are not eligible, you must send a written objection within 30 days of receiving the letter. OW assumes that if a notice is mailed, it will be received 3 days after the mailed date. Keep the letter and the envelope to show the date the letter was issued, and the date it was mailed.

What is an Internal Review?

An Internal Review is an assessment of your application by a different person in the local OW office. If your application is still denied, the OW assessment officer will send you a written notice describing why you were denied.

What if the results of my Internal Review still deny assistance?

You can still appeal this decision to the Social Benefits Tribunal (SBT). You must file this form with the SBT within 30 days of the date of the Internal Review decision. If you miss the time limit for appealing, you can still file the form but you will have to explain why you missed the time limit. If you don't have a good reason, your applea can be dismissed just beacause it was late.

Can I get social assistance if I am under 18?

If you are 16 or 17 years old, you may qualify for OW benefits "under special circumstances." You might have to show that your parents will not let you live at home, or that it is harmful for you to live there. For example, you might be able to get benefits if your parents are abusing you physically or emotionally. However, the OW worker must be sure that your parents cannot or will not support you financially.

Your living arrangements must allow you to meet OW rules. You may be required to go to family counselling if your parents agree to participate. You must go to school or a training program approved by OW, unless a serious medical condition or other problem makes this impossible.