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Employment Law

Mass Terminations & Your Rights

A "mass termination" occurs when an employer terminates 50 or more employees within a 4-week period. In Ontario, this triggers special rules under the Employment Standards Act.

Group Notice Periods

The notice period for a mass termination is much longer than for an individual termination. For example, if 50 to 199 employees are terminated, they are entitled to 8 weeks' notice. For 200 to 499 employees, it is 12 weeks, and for 500 or more employees, it is 16 weeks.

Form 1 Requirement

The employer must file a Form 1 with the Ministry of Labour and post a copy of it in the workplace. This form includes details about the mass termination, the reason for it, and the employees affected.

Other Entitlements

  • Severance Pay: In addition to notice, eligible employees may be entitled to severance pay.
  • Vacation Pay: Employees must be paid for any earned but unused vacation time.
  • Benefit Plans: The employer must continue to contribute to benefit plans during the notice period.

Challenging a Mass Termination

If you have been terminated as part of a group, you may still be entitled to much higher notice periods under the common law than the ESA minimums. You should speak with a legal professional to ensure you are receiving your full entitlements.

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