Ontario resignation notice period: how much notice do you have to give?

Short answer: is there a legal resignation notice period in Ontario?

Under the Employment Standards Act, 2000 (ESA), an employee generally does not have to give a minimum period of notice before quitting. The ESA's notice rules are about employers ending employment. The main exception is a mass termination: if your employer has given you notice under the mass termination rules and you want to leave before the termination date, you must give written notice of resignation.

That does not mean you can always walk out without consequences. Your employment contract or collective agreement may set a notice period, and where it is silent the common law expects employees to give reasonable notice too. Two weeks is a common practice in Ontario, but it is a convention, not an ESA rule.

The mass termination exception

A mass termination is when an employer ends the employment of 50 or more employees at an establishment within four weeks. If you have received notice under those rules and want to resign before the termination date, the ESA requires at least one week's written notice if you have been employed for less than two years, or at least two weeks' written notice if you have been employed for two years or more.

You do not need to give that notice if the employer has constructively dismissed you or breached a term of your contract. Keep a copy of the employer's notice and of your resignation letter with the date you delivered it.

What your contract and the common law may require

Check your offer letter, contract and any handbook for a resignation clause; if one exists, follow it. If there is no clause, Ontario courts have said employees owe reasonable notice of resignation, usually much shorter than what an employer owes on dismissal and often measured in weeks. What is reasonable depends on your role, seniority and how hard you are to replace.

In practice, an employer can only recover money from a departing employee if it proves it suffered actual losses because notice was too short, and such claims against ordinary employees are uncommon. The bigger practical risks are a poor reference or a dispute about final pay, so giving clear written notice is usually worthwhile.

Your final pay and vacation pay after you resign

Whether or not you give notice, your employer must pay all outstanding wages, including vacation pay you have earned and not been paid, by the later of seven days after your employment ends or what would have been your next regular pay day. Your employer cannot hold back your last paycheque as a penalty for short notice. A deduction is only lawful if it is required by law or a court order, or if you authorised it in writing with a specific amount or calculation method; a general clause saying you owe money for leaving early is not enough.

If your final pay is late or short, ask in writing first, then consider an ESA claim, which generally must be filed within two years.

If your employer tells you to leave straight away

An employer can usually choose not to have you work out your notice. If it ends your employment before the date in your resignation, that can be treated as a termination by the employer, which may trigger ESA termination pay. In general that obligation is limited to the period up to the date you had chosen to leave, and to your statutory notice entitlement. Write down exactly what was said and when, and ask the Employment Standards Information Centre if you are unsure.

Severance pay can also survive a resignation in one situation: if your employer has already given you written notice of termination and you resign by giving two weeks' written notice that takes effect during the statutory notice period, you keep any ESA severance entitlement.

If you are resigning because of how you were treated

If you are leaving because your employer cut your pay, changed your hours or role significantly without agreement, or harassed you, that may be a constructive dismissal. Under the ESA, resigning in response to such a change within a reasonable time can count as a termination by the employer, with notice and possibly severance pay owed. Constructive dismissal is complex, so get advice before you resign and keep evidence of the change.

Template: a short resignation letter

“Please accept this letter as notice of my resignation from my position as [job title]. My last day of work will be [date], which gives [number] weeks’ notice [as required by my contract]. Please confirm the date my final pay, including outstanding vacation pay, will be paid, and send my Record of Employment when issued.” Send it by email or another method that records the date, and keep a copy.

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Frequently asked questions

How much notice do I have to give when I quit in Ontario?

The ESA does not set a minimum for ordinary resignations. Follow your contract; if it is silent, give reasonable notice, commonly about two weeks. In a mass termination, the ESA requires one or two weeks’ written notice.

Is two weeks’ notice required by law in Ontario?

No, not as a general rule. Two weeks is a common practice and a reasonable starting point. The ESA only requires written notice from employees who resign after receiving mass termination notice.

Can my employer withhold my last paycheque if I don’t give notice?

No. Outstanding wages and vacation pay are due by the later of seven days after you leave or your next regular pay day. Deductions need a legal basis or your specific written authorisation.

What if my employer tells me to leave immediately after I resign?

Ending your employment before your resignation date can be treated as a termination by the employer, which may mean termination pay for the remaining period, up to your statutory notice entitlement. Check with the Employment Standards Information Centre.

Do I get my vacation pay if I resign?

Yes. Vacation pay you have earned and not been paid is part of the wages due with your final pay.

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