What is Reasonable Notice?

Reasonable notice is a concept applied by the common law courts to the termination of employment contracts. Reasonable notice is what judges in the courts across Canada say is the notice your employer owes you at the point it chooses to terminate your employment.

Who Gets Reasonable Notice?

Every employment at common law can potentially attract the requirement for reasonable notice. Some exceptions and limitations on whether reasonable notice applies are: (1) union employment; (2) employment where a valid written contract sets out the agreed notice in advance; (3) employment that is for a specific fixed term and is subject to renewal procedures that are observed; (4) where termination occurs for just cause. However, in most cases of termination of employment, reasonable notice applies. If you have questions about whether reasonable notice applies to your employment or termination situation, kindly e-mail me the specifics of your contract, and I will address your concerns.

How is Reasonable Notice Calculated?

The law looks at a number of factors particular to you and your situation to calculate reasonable notice. It is not a precise science, but there are thousands of decided cases across Canada that form a sort of database that allows a fairly accurate assessment of what the period of reasonable notice is in any given case.

Will I Get Reasonable Notice From my Employer?

Probably not on the day of termination. In all the time I have been an employment lawyer, I have encountered precisely one case where the employer correctly calculated reasonable notice for my client, and then gave it to him at termination. In every other case, the employer has significantly underestimated reasonable notice, and tried to force their incorrect calculation on the employee. In most cases, the employer either has no idea of the concept of reasonable notice, or the employer knows of it but decides to offer something much less than reasonable notice, hoping to save some expense. At the point of termination, you should be consulting your wrongful dismissal lawyer. The unfairness of the employer is what brings dismissed people to continue to contact me. I contact the employer and negotiate the reasonable notice payment for you. If you have questions about what your entitlement to reasonable notice is, please contact me or submit the questionnaire for wrongful dismissal, and I will respond to you with an indication of a range of reasonable notice applicable to your situation.