We are a small business, and will be closing our firm due to success planning. WE plan to provide our employees with appropriate working notice. However, if we wish to extend the working notice period to an employee at the end of the working notice period, can we do so and if so, what considerations must we adhere to.?

Thank you for your question. Ideally, employees should be given the exact date that their working notice is going to terminate at the beginning of that working notice period. Otherwise, the employee may not have received effective working notice, and as a result, you may not receive credit for that working notice. If it's not possible to do it in this manner, then it is important to include an exact date for their extended working notice, and to avoid multiple extension.

Another consideration is whether you are obligated as employer to pay the Ontario statutory severance, which depends on years of service and the size or your payroll. Statutory severance cannot be provided by way of working notice.

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