What Does Reasonable Notice Mean and How Can
a Lawyer Help?
There are various ways to describe situations when an employee is terminated from their employment which includes “dismissed”, “fired” and “let go”. In employment law, there is a presumption in employment contracts that the employer may only dismiss an employee without just cause after providing that employee with “reasonable notice”.
Reasonable notice is the amount of notice that an employer must give an employee if they are being dismissed without cause. The primary purpose of reasonable notice is to provide the dismissed employee with a period of time to find alternative work. Reasonable notice is in the form of pay from the employer and is generally one month for each year that the employee worked for the employer.
It is important not to confuse reasonable notice with a terminated employee’s minimum entitlement to notice and severance packages under the Employment Standards Act. Employees are presumed to be entitled to a longer period of reasonable notice than provided for by the statute.
How is the Reasonable Notice Period Calculated?
There is no specific formula for calculating reasonable notice and the facts of each case dictate how much notice is deemed reasonable in the circumstances. Various factors are used to determine the length of reasonable notice in each particular case, which is commonly known as the “Bardal factors”.
The Bardal factors provide an individualized assessment of each case to determine a dismissed employee’s reasonable notice period is. No factor is given more weight than others, and some of the factors include:
· Length of service: An employee who has a longer period of service with an employer is entitled to a longer period of reasonable notice;
· Age: A longer notice period is typically justified where the dismissed employee is older and will likely have a hard time finding a new job because of their age;
· Character of employment: Senior positions are rare and require a more complex skillset, entitling a dismissed employee to a longer period of reasonable notice;
· Availability of similar employment in light of the dismissed employee’s experience, qualification and training: If it is more difficult for a dismissed employee to find new employment, they will likely receive a longer notice period;
· Luring someone away from secure employment: If an individual is convinced to leave secure employment and is subsequently dismissed by the new employer, they may be entitled to a longer notice period based on the previous employment they were convinced to leave.
How can a Lawyer help with Reasonable Notice?
Since reasonable notice is fact-dependent to each individual case and based on factors developed through the law, speaking with an employment lawyer is important to receive guidance in determining what constitutes reasonable notice in a particular set of circumstances.
The employment lawyers at Tailor Law have developed the ability to determine the amount of reasonable notice by dealing with various dismissal cases. Our lawyers understand the concerns of both employees and employers in relation to reasonable notice and are here to help parties navigate through all types of dismissals.
Whether you are an employee or an employer, if you are looking for more information about the reasonable notice and how we can help, do not hesitate to contact us and our specialist Employment Lawyers can discuss your matter in more detail over a free consultation. You can contact us at 905-366-0202 or book a free consultation online.