Employment Termination Compliance Tool

⚠️ Important Disclaimer: This tool does not replace legal advice. Consult with an Ontario employment lawyer before making termination decisions.

Has written notice of termination been provided? (ESA s.57–60)

OR has pay in lieu been provided instead of notice? (ESA permits either)

Was the notice period correctly calculated based on years of service?

ESA requires 1 week per year of service, up to 8 weeks maximum.

Has termination pay been calculated correctly?

Termination pay must equal wages for the notice period.

Is the employee entitled to severance pay? (Worked 5+ years AND employer's Ontario payroll ≥ $2.5 million?)

ESA s.64–66: Severance = 1 week per year of service, up to 26 weeks.

Is the employer alleging wilful misconduct as just cause?

If NO → ESA notice/severance must be paid. If YES → employer must meet the very high ESA standard.

Has a Bardal analysis been completed to identify possible reasonable notice exposure?

Required only for non-unionized employees to assess common-law notice obligations.

Has the termination meeting plan been prepared?

Proper documentation protects both parties and ensures clarity.

Has final pay been scheduled within required timelines?

ESA pay deadlines apply - typically 7 days after termination or on next regular pay date.

Has the Record of Employment (ROE) been completed and issued?

ROE must be issued within 5 days of termination or interruption of earnings.

Has all accrued vacation pay + unpaid wages been delivered?

Required on termination - all outstanding amounts must be paid.

Has benefit continuation during notice been arranged? (ESA s.60)

Employer must continue benefits during the statutory notice period.

Ontario Termination Compliance Checklist