Some employers say that their workers are self-employed and the ESA does not apply to them. If this is your situation, it is a good idea to get legal advice. Even if you signed something that says you are an "independent contractor" or in business for yourself, the rights in the ESA might still apply to you.

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Some industries are covered by federal laws, including banks, airlines, some trucking businesses, and broadcasting. Workers in these industries are covered by the Canada Labour Code. Like the ESA, the Canada Labour Code sets out minimum standards employers must follow. 

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Other examples where the ESA does not apply include:

• students in "work experience programs" approved by a school board, college, or university,

• people on social assistance doing community participation under Ontario Works, and

• inmates in work programs and people ordered or sentenced by a court to work.

You do not need to be a Canadian citizen, permanent resident, or holder of a work permit to be covered by the ESA.

But in most cases, your employer must give you a written notice of termination. There are 2 ways an employer can do this:

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1. Your employer can tell you ahead of time. The amount of time depends on many things, including how long you have been in the job.

2. Instead of telling you ahead of time, your employer can let you go right away. If they do this, they have to pay you the money you would have earned if they had told you ahead of time. This is called "termination pay". Some people call it "pay in lieu of notice".

If you are laid off permanently, the same rules apply.

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Termination pay is not the same as what the ESA calls "severance pay". 

But the ESA rules apply only if you have agreed that your employer can put you on temporary layoff. And if you are in a union, the rules will depend on what is in the collective agreement.

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The ESA rules about temporary layoffs are complicated. There are rules about how long a temporary layoff can be. The general rule is that a temporary layoff can be up to 13 weeks out of 20 weeks in a row.

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In some situations, it can be longer than that. But it has to be less than 35 weeks out of 52 weeks in a row. For example, this applies if your employer continues to pay into a pension plan for you.

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If you are laid off, you might need to get legal advice about whether your employer has the right to put you on temporary lay-off.

Constructive dismissal happens when your employer does something that:

• changes things at work for you in a major way,

• is not something you should have expected, and

• you do not agree to or accept it.

When this happens, it is like being fired. So if you leave the job, you have the same rights as if you were fired. This includes the right to termination pay.

Here are some examples of things that might be serious enough that it would be like getting fired:

• Your employer lowers your wages by a lot or refuses to pay you what they owe you.

• Your employer takes away core responsibilities and lowers your position. For example, you are no longer a supervisor and are doing the work you used to supervise others to do.

• Your employer abuses you, harasses you, or discriminates against you in a way that goes against your human rights.

The law about what is and what is not constructive dismissal is complicated. A lot depends on the details of your situation. It is important to get legal advice right away.

An employer who fires you because you are pregnant or because you might get pregnant is breaking the law. You may want to get legal advice if your employer has violated your human rights by discriminating against you because of pregnancy. 

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If you have worked for your employer for at least 13 weeks before your due date, you can take up to 78 weeks off work. You might qualify for Employment Insurance (EI) maternity and parental benefits for part of this time.

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When your leave is over, your employer must give you your old job back, with no cut in pay. If the pay for your job has gone up since you went on leave, you must get the higher amount. If your old job no longer exists, your employer must give you a similar job with no cut in pay.

They might say they have "cause" or a good reason to fire you without giving you any notice. If this happens, try to get legal advice. Sometimes employers are wrong about what is a good reason under the law to fire someone without notice.

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Here are some examples of when an employer might have the right to fire you without giving you any notice:

• you stole from your employer

• you damaged your employer's property on purpose

• you threatened or assaulted someone at work

• you refuse to do something that is an important part of your job, unless you have a good reason, like refusing to do work that is unsafe

Even if you did something wrong, your employer might not have the right to fire you without notice.

For example, it can help you if:

• what you did was not very serious

• your employer did not give you a chance to correct your behaviour

• you have worked for your employer for a long time

And if you have not worked continuously for your employer for at least 3 months, ESA rules do not require your employer to give you notice.

If you think your employer was wrong to fire you without notice or if you think you should be paid for a longer notice period, get legal advice.

Severance pay is another payment that some people get when they lose their jobs.

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You get severance pay only if you have worked at least 5 years for your employer and:

• your employer pays out wages of at least $2.5 million a year, or

• at least 50 people will be losing their jobs within a 6-month period because the business is being cut back.

You will not get severance pay if your employer is closing down their business because it was affected so badly by a strike that they cannot continue.

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There are other reasons that you can lose your right to severance pay. For example, this could happen if your employer offers you another job and you do not accept it.

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The basic rule is that severance pay is one week’s pay for each year you have worked for your employer, up to a maximum of 26 weeks. But the rules about severance pay are complicated.

Your employer must pay you your wages, including your vacation pay, by the later of these 2 dates:

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• 7 days after your employment ends

• your next regular pay day

Your wages include any money owing to you as a result of your termination. However, severance pay can be paid in instalments if you agree in writing or if the Director of Employment Standards approves. In these cases, the payments must be made within 3 years. If your employer misses a scheduled payment, the balance of the severance pay becomes due immediately.

If you are unemployed and looking for work, you may be able to get Employment Insurance (EI) benefits even if you were fired. It depends on the reason you were fired. If EI staff say you were fired because of "misconduct", they will not give you benefits.

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Misconduct usually means doing something wrong on purpose. Misconduct is more than simply not being able to do the job well. Here are some examples that could be seen as misconduct:

• threatening or violent behaviour

• destroying company property on purpose

• being late or away from work without permission

• disobeying an order from your employer

Misconduct cases are often unclear, so you should apply for EI even if you were fired.

Your employer must prepare a Record of Employment (ROE). Your employer can either give you a paper copy of your ROE or send your ROE to the government electronically.

If your employer sends your ROE to the government electronically, they do not have to give you a copy and you do not need a copy to apply for EI. But you can get a copy from Service Canada if you want one.

It is easier to apply for EI with the ROE. But you should apply for EI right away, even if you do not have your ROE yet. Bring proof of your employment, such as pay stubs and T4 slips. If you do not apply within 4 weeks after your employment ends, you will probably get fewer EI payments.

If you are having problems applying for EI or getting your ROE, you can call the Service Canada EI information line at 1-800-206-7218. If you do not qualify for EI or you are waiting for EI, you may be able to get financial assistance from Ontario Works (OW).