What to know?
Many foreign and temporary workers arriving in Canada come from countries where employers can fire employees “at will” — that is, at any time, for any reason, or no reason at all. Canada’s employment system works differently. While Canadian employers can end employment without giving a specific reason (called termination without cause), they must follow rules under Canadian labour law and provide minimum protections. This article explains how that works, based on official Government of Canada information and general employment rights principles.
This article is informational only and does not provide legal advice.
What “Without Cause” Means in Canada
In Canada, there is no legal concept of “at-will employment” as it exists in some other countries (such as the United States). This means:
- An employer cannot legally fire you without providing notice or pay in lieu of notice if your employment is for an indefinite period. Employment at will — where termination without notice is allowed for any reason — does not exist in Canadian labour law.
- Employers may terminate employment without cause, meaning the employer doesn’t need to prove specific misconduct or wrongdoing by the employee.
Termination without cause typically happens for reasons such as business restructuring, lack of work, or changes in company direction. Employers do not have to provide a reason for termination unless required by contract or law.
However, termination without cause must follow certain legal requirements, most notably around giving advance notice or providing payment instead of notice.
Notice and Termination Pay
When an employer ends your employment without cause, Canadian employment standards laws require them to provide either:
- Notice of termination — letting you know ahead of time your job will end, or
- Payment in lieu of notice — a cash amount equivalent to what you would have earned during the notice period
This rule applies across Canada under provincial, territorial, and federal employment standards laws, which set minimum notice periods (one to two weeks for shorter employment) and based largely on how long you worked for the employer.
Key points about notice and termination pay
- You are entitled to minimum notice or pay in lieu, even if your employer doesn’t tell you why your job is ending.
- The amount of notice or termination pay depends on factors such as your length of service and where you work.
- If your employer fails to give notice or correct termination pay, this may be a violation of employment standards laws.
For example, if you worked for six months with an employer in Ontario, the provincial Employment Standards Act may require at least one week’s notice or termination pay (minimum standards vary by province or territory).
“Just Cause” vs. “Without Cause”
It’s important to understand the difference between termination with cause and without cause:
Without Cause
- Employer ends employment for reasons unrelated to serious employee misconduct.
- Employer must provide notice or pay in lieu, as described above.
- The employer does not need to prove you did something wrong.
With Cause
- Employer ends employment because of serious misconduct, such as theft, violence, or gross insubordination.
- In these rare situations, employers may be allowed to terminate immediately without notice or termination pay, but the standard for “just cause” is high.
Most routine performance issues (e.g., not meeting job expectations) do not legally qualify as cause unless they are severe enough and documented.
Example to Simplify Understanding
Scenario: Maria is a temporary worker in Canada hired on a closed work permit. She has worked for the same employer for nine months.
- One day, her employer tells her her job is ending next Friday.
- The employer does not give a reason.
What this means:
- The employer is ending Maria’s employment without cause (no misconduct alleged).
- Because she has worked for nine months, the employer must provide her with reasonable notice of termination or termination pay according to local employment standards.
- Maria may apply for Employment Insurance (EI) because her job ended through no fault of her own (if she meets EI eligibility rules).
- Maria’s immigration status remains valid until her work permit expires, and she may be eligible to look for new employment or apply for a new permit, if required by her permit conditions.
In this example, Maria was “fired without cause” — but her employer still had to follow legal requirements on notice or termination pay.
Protections for Foreign and Temporary Workers
All workers in Canada, including temporary foreign workers, have the same employment rights as Canadian workers under employment standards laws. Employers must:
- Provide a signed copy of your employment contract before your work begins.
- Follow provincial or territorial labour standards for termination notice or pay.
- Make reasonable efforts to provide a workplace free of abuse or reprisals.
Your employer cannot punish you for asking about your rights or contacting workplace rights offices.
If you believe your termination violated employment standards — for example, you did not receive required notice or pay — you may contact your provincial or territorial employment standards office for help.
Legal Disclaimer
This article is for general information only and is not legal advice. We are not the Government of Canada, and this is not an official government website. For official guidance, always rely on Canada.ca, provincial government, and your applicable employment standards authority.