What should I know about working notice?

In Canada, an employer that wants to terminate an employment relationship without cause, must give the employee notice, or pay in lieu of notice.

If the employer gives notice and requires the employee to work though the notice period, this is “working notice”.

When an employer gives working notice:
• It must be in writing
• It must be clear and unequivocal
• If the employer permits an employee to work beyond the notice period, the notice is ineffective.
• An employer must not alter the terms and conditions of the employee’s employment during the working notice period.
• If an employee resigns during the working notice period, the employer does not have to pay the employee for remaining notice period.