Compliance can be difficult. This is why we developed the Offboarding Assistant: to ensure that you remain compliant throughout the process of offboarding an employee.
Ensuring this compliance has taken years of work, consultation, and dedication. With payroll and all its complexities, we were posed with the challenge of accounting for thousands of different termination scenarios. To do that, we would need to have access to an overwhelming amount of data. To gather that data, we would need to ask you over 20 questions just to arrive at the calculation. Without that data, we risk non-compliance. A compromise had to be reached.
Ultimately, to develop a tool that both guarantees compliance and is simple to use, widely accepted assumptions had to be used. These assumptions cover an estimated 95% of the possible use cases, which is why we use them with confidence.
This article will provide a transparent breakdown of the assumptions we use to calculate the Offboarding Assistant for each province.
- Alberta
- British Columbia
- Manitoba
- New Brunswick
- Newfoundland and Labrador
- Nova Scotia
- Northwest Territories & Nunavut
- Ontario
- Prince Edward Island
- Quebec
- Saskatchewan
- Yukon
- If the termination is in the future, the employee will continue to be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- Periods of employment are continuous if separated by 90 days or less. If there are multiple periods of employment, we use the first hire date for which all subsequent periods of employment are separated by 90 days or less. In cases where we cannot calculate the interval of time between periods of employment, we use the earliest hire date on record to be safe.
- All bonus payments included in the stored regular pay are performance-related.
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage/number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek.
- If the payslip dates do not exactly match the dates of the 13-week interval we are interested in, we treat all the wages on that pay slip as if they were earned during the interval in question.
- For each payslip, we have on record that overlaps with the 13-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- The number of weeks of termination notice is all paid at the regular weekly wage (all weeks are paid in lieu).
- None of the exemptions to termination notice or pay in lieu apply to this Employee
- This employee does not work in construction.
- This is not a temporary layoff. If you want to lay off this employee temporarily, you must provide them notice. A temporary layoff related to COVID-19 must not exceed 180 days. If it does, the termination is deemed to have occurred on the 181st for the purpose of calculating pay in lieu of notice. A temporary layoff unrelated to COVID-19 must not exceed 90 days in a 120-day period. If it does, the termination is deemed to have occurred on the 91st for the purpose of calculating pay in lieu of notice.
- If the termination is in the future, the employee will continue to be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- The number of weeks of compensation for length of service are all paid at the regular weekly wage (all notice weeks are paid in lieu).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If the payslip dates do not exactly match the dates of the 8-week interval we are interested in, we treat all the wages on that pay slip as if they were earned during the interval in question.
- All bonus payments included in the stored regular pay are performance-related.
- For each payslip, we have on record that overlaps with the 8-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- None of the exemptions to group or individual termination notice or compensation for length of service apply to this employee.
- This is not a temporary layoff or a constructive dismissal.
- This employee does not have a variance.
- If the termination is in the future, the employee will continue to be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- Periods of employment are continuous if separated by 8 weeks (2 months) or less. If there are multiple periods of employment, we use the first hire date for which all subsequent periods of employment are separated by 8 weeks or less. In cases where we cannot calculate the interval of time between periods of employment, we use the earliest hire date on record to be safe.
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If the payslip dates do not exactly match the dates of the 24-week interval we are interested in, we treat all the wages on that pay slip as if they were earned during the interval in question.
- For each payslip, we have on record that overlaps with the 24-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- All bonus payments included in the stored regular pay are performance-related.
- The number of weeks of termination notice is all paid at the regular weekly wage (all weeks are paid in lieu).
- None of the exemptions to group or individual termination notice or pay in lieu apply to this employee.
- If the termination is in the future, the employee will continue to be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- The date of hire on record is the correct one. Since all employment is considered separately, we use the most recent hire date only.
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- The number of weeks of compensation for length of service are all paid at the regular weekly wage (all notice weeks are paid in lieu).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If the payslip dates do not align with the dates of the 52-week interval we are interested in, we treat all the wages from that pay slip as if they were earned during the interval in question.
- All bonus payments included in the stored regular pay are performance-related.
- The total number of employees to be terminated in a four-week period must be at least 25% of the company's total employees.
- For each payslip, we have on record that overlaps with the 52-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- None of the exemptions to group or individual termination notice or pay in lieu apply to this employee.
- This is not a temporary layoff. If you want to lay off this employee temporarily, you must provide them notice. After 6 days of an employee’s layoff, employers are liable for wages in lieu of notice, except when layoffs are seasonal or caused by unforeseen events. The termination is deemed to have occurred at the end of the layoff for the purpose of calculating pay in lieu of notice.
- This employee will not continue to work for the employer for a period of one month or more beyond the end of the notice period.
- If the termination occurs in the future, the employee will be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- If the payslip dates do not exactly match the dates of the one-month interval we are interested in, we treat all the wages on that pay slip as if they were earned during the interval in question.
- For each payslip, we have on record that overlaps with the one-month window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- The number of weeks of termination is all paid at the normal weekly wage (all notice weeks are paid in lieu).
- All bonus payments included in the stored regular pay are performance-related.
- None of the exemptions to group or individual termination notice or pay in lieu apply to this employee.
- The date of hire on record is the correct one. Since all employment is considered separately, we use the most recent hire date only.
- This is not a temporary layoff. If you want to lay off this employee temporarily, you must provide them notice (notice is not required for layoffs less than one week). A layoff cannot exceed 13 weeks in any 20-consecutive-week period. If the employee is not recalled after the 13-week period, the layoff becomes a termination. The termination is deemed to have occurred at the beginning of the layoff for the purpose of calculating pay in lieu of notice.
- If the termination is in the future, the employee will continue to be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- Periods of employment are continuous if separated by 13 weeks or less. If there are multiple periods of employment, we use the first hire date for which all subsequent periods of employment are separated by 13 weeks or less. In cases where we cannot calculate the interval of time between periods of employment, we use the earliest hire date on record to be safe.
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- All bonus payments included in the stored regular pay are performance-related.
- If the payslip dates do not exactly match the dates of the 12-week interval we are interested in, we treat all the wages on that pay slip as if they were earned during the interval in question.
- For each payslip, we have on record that overlaps with the 12-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- The number of weeks of termination notice is all paid at the regular weekly wage (all weeks are paid in lieu).
- None of the exemptions to group or individual termination notice or pay in lieu apply to this employee.
- The Labour Standards Code says that an employee with 10 years or more of service cannot be fired or suspended without good reason or just cause. What constitutes good reason will depend on the circumstances of both the employee and the employer. If this employee has been employed for ten years or more, we assume they are being discharged with just cause.
- The employee will not continue to be employed after the termination.
Northwest Territories & Nunavut
- If the termination is in the future, the employee will continue to be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- Periods of employment are continuous if separated by 90 days or less. If there are multiple periods of employment, we use the first hire date for which all subsequent periods of employment are separated by 90 days or less. In cases where we cannot calculate the interval of time between periods of employment, we use the earliest hire date on record to be safe.
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If the payslip dates do not exactly match the dates of the 13-week interval we are interested in, we treat all the wages on that pay slip as if they were earned during the interval in question.
- For each payslip, we have on record that overlaps with the 12-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- All bonus payments included in the stored regular pay are performance-related.
- The number of weeks of termination notice is all paid at the regular weekly wage (all weeks are paid in lieu).
- None of the exemptions to group or individual termination notice or pay in lieu apply to this employee.
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If 25 or more employees are terminated within 4 weeks, notice must be provided to the Director of Employment Standards. Terminating 25 to 49 employees in four weeks requires 4 weeks' notice, 50 to 99 employees require 8 weeks' notice, 100 to 299 employees require 12 weeks' notice, and 300 or more employees require 16 weeks' notice. The notice provided to employees is the same as their individual notice based on the length of employment.
- This is not a temporary layoff. Written notice of a temporary layoff is required, and it must indicate the expected date on which the employer will request the employee to return to work. If such notice is not provided, the employer will be deemed to have terminated the employee's employment on the last day of the layoff for the purpose of calculating pay in lieu of notice.
- If the termination is in the future, the employee will continue to be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- All bonus payments included in the stored regular pay are performance-related.
- Periods of employment are continuous if separated by 13 weeks or less. If there are multiple periods of employment, we use the first hire date for which all subsequent periods of employment are separated by 13 weeks or less. In cases where we cannot calculate the interval of time between periods of employment, we use the earliest hire date on record to be safe.
- The number of weeks of termination notice is all paid at the regular weekly wage (all weeks are paid in lieu).
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If the payslip dates do not align with the dates of the 12-week interval we are interested in, we treat all the wages from that pay slip as if they were earned during the interval in question. If there is missing pay period information during that 13-week window, divide by how many weeks of pay we do have instead of dividing by 13
- For each payslip, we have on record that overlaps with the 12-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- None of the exemptions to individual or group termination notice or pay in lieu apply to this employee.
- This is not a temporary layoff or a constructive dismissal.
- This employee is not a member of a union.
- There will be no temporary work for this employee beyond 13 weeks after the termination date.
- For employees who meet the length of employment criteria required to qualify for severance pay, we assume that the employer has a global payroll of at least $2.5 million and/or has terminated the employment of 50 or more employees in a six-month period because all or part of the business permanently closed.
- If the termination occurs in the future, the employee will be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- The date of hire on record is the correct one. Since all employment is considered separately, we use the most recent hire date only.
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- The number of weeks of compensation for length of service are all paid at the regular weekly wage (all notice weeks are paid in lieu).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If the payslip dates do not exactly match the dates of the 53-week interval we are interested in, we treat all the wages on that pay slip as if they were earned during the interval in question.
- All bonus payments included in the stored regular pay are performance-related.
- For each payslip, we have on record that overlaps with the 53-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- None of the exemptions to group or individual termination notice or compensation for length of service apply to this employee.
- This is not a temporary layoff or a constructive dismissal.
- This employee will not continue to work for the employer for one month or more after the end of the notice period.
- If the termination occurs in the future, the employee will be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- The date of hire on record is the correct one. All employment is considered separately, so we use the most recent hire date only.
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If the payslip dates do not exactly match the dates of the 4- or 12-week interval we are interested in, we treat all the wages on that pay slip as if they were earned during the interval in question.
- For each payslip, we have on record that overlaps with the 4- or 12-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- All bonus payments included in the stored regular pay are performance-related.
- The number of weeks of termination notice is all paid at the regular weekly wage (all weeks are paid in lieu).
- None of the exemptions to group or individual termination notice or pay in lieu apply to this employee.
- If the termination is in the future, the employee will continue to be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- Periods of employment are continuous if separated by 14 days or less. If there are multiple periods of employment, we use the first hire date for which all subsequent periods of employment are separated by 14 days or less. In cases where we cannot calculate the interval of time between periods of employment, we use the earliest hire date on record to be safe.
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If the payslip dates do not align with the dates of the 13-week interval we are interested in, we treat all the wages from that pay slip as if they were earned during the interval in question.
- For each payslip, we have on record that overlaps with the 13-week window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- All bonus payments included in the stored regular pay are performance-related.
- The number of weeks of termination notice is all paid at the regular weekly wage (all weeks are paid in lieu).
- None of the exemptions to group or individual termination notice or pay in lieu apply to this employee.
- The employee had to travel to the job site to collect their termination pay.
- If 25 or more employees are terminated within 4 weeks, notice must be provided to the Director of Employment Standards. Terminating 25 to 49 employees in four weeks requires 4 weeks' notice, 50 to 99 employees require 8 weeks' notice, 100 to 299 employees require 12 weeks' notice, and 300 or more employees require 16 weeks' notice. The notice provided to employees is the same as their individual notice based on the length of employment.
- If the termination is in the future, the employee will continue to be paid the same amount until the termination occurs.
- All stored information is correct (date of hire, wage, number of standard hours, pay unit).
- The date of hire on record is the correct one. All employment is considered separately, so we use the most recent hire date only.
- If an employee is not paid hourly, we calculate their hourly wage as follows (depending on the pay unit): ((daily wage * 7) / number of standard hours) or (weekly wage / number of standard work hours) or (monthly wage * 12 / (52*number of standard work hours) or (yearly wage / (52 * number of standard work hours)).
- If an employee’s pay rate unit is daily, there are 7 days in their workweek
- If the payslip dates do not exactly match the dates of the 3–6-month week interval we are interested in, we treat all the wages from that pay slip as if they were earned during the interval in question.
- For each payslip, we have on record that overlaps with the 3–6-month window we are interested in, the employee worked normally between the start and end dates specified on that payslip.
- All bonus payments included in the stored regular pay are performance-related.
- The number of weeks of termination notice is all paid at the regular weekly wage (all weeks are paid in lieu).
- None of the exemptions to group or individual termination notice or pay in lieu apply to this employee.
- This employee will not continue to be employed after the end of the notice period.
- If 25 or more employees are terminated within 4 weeks, notice must be provided to the Director of Employment Standards. Terminating 25 to 49 employees in four weeks requires 4 weeks' notice, 50 to 99 employees require 8 weeks' notice, 100 to 299 employees require 12 weeks' notice, and 300 or more employees require 16 weeks' notice. The notice provided to employees is the same as their individual notice based on the length of employment.