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Firings & Layoffs

Prince Edward Island

Firings and Layoffs

Do I get notice before I’m let go?

Yes, but only if you’ve been employed continuously for 6 months or more. This gives you the right to written notice or to pay if notice is not given. How much notice you get depends on how long you’ve been working at the same place.

(Note: If you belong to a union, check your collective agreement. You’ll likely have better notice and termination pay clauses than the minimums found in the law. You’ll also have the right to fight an unjust firing through your grievance procedure. And you probably will also have severance pay provisions.)

Length of employment -- Notice required
Less than 6 months -- None
6 months to 5 years -- 2 weeks
5 years or more -- 4 weeks

Once you get notice, your boss can’t reduce your hours of work and can’t consider vacation time as part of the notice period.

Do I get paid?

If you don’t get proper notice, you get paid for the number of weeks of notice you should have received.

Your employer must pay you any money owed no later than the last day of the next pay period after your last day of employment.

Are there exceptions to termination notice?

Yes. You aren’t entitled to termination notice if:
  • You’ve worked for your employer less than 6 months.
  • Your workplace has been completely or partially destroyed.
  • You’re fired for just cause.
  • You’re let go due to a strike or lockout at your workplace
  • You’re let go because of weather conditions
  • You’re let go because of government action that directly affects the operations of your employer.
  • You work on-call for temporary assignments that you can say “yes" or “no" to.
  • There’s a lack of work your employer couldn’t foresee or control.

What if I want to quit?

The law says you have to give one week’s notice in writing if you’ve been employed between 6 months and 5 years. If you’ve been working a the same place for five years or more, you have to give 2 weeks notice.

How do I get more information?

Contact: Labour and Industrial Relations,
31 Gordon Drive, PO Box 2000,
Charlottetown, PE,
C1A 7N8.
Telephone: (902) 368 5550.
Tollfree: 1 800 333 4362.
Facsimile: (902) 368 5526
http://www.gov.pe.ca/commcul/lair-info/index.php3

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