Losing a job can be a stressful experience, especially if it happens suddenly. Many employees wonder whether they are entitled to a written warning before being terminated, particularly for performance-related reasons. While Ontario employment law does provide some protections, the requirement for warnings before termination depends on several factors, including the reason for dismissal and whether you are covered by an employment contract or collective agreement.

This blog explores when employers must provide warnings before termination, how performance management works, and what legal options employees have if they are let go unfairly.

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At-Will Employment vs. Just Cause Termination

Unlike in some U.S. states, Ontario does not follow “at-will” employment—meaning that an employer must either provide notice or severance pay when terminating an employee without cause. However, if an employer dismisses someone with cause, they are not required to provide notice or severance.

The key distinction is:

• Termination Without Cause – The employer must provide notice or severance pay.
• Termination With Cause – No notice or severance is required, but the employer must prove serious misconduct.

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Are Employers Required to Give a Written Warning Before Termination?

The answer depends on why an employee is being terminated.

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1. Termination for Poor Performance (Without Cause)

If an employee is fired for poor performance but not serious misconduct, they are typically entitled to notice or pay in lieu of notice under the Employment Standards Act (ESA). Employers are not legally required to provide written warnings, but best practices in performance management often include:

Performance Reviews: Employers should document concerns and provide feedback before termination.
Progressive Discipline: Many workplaces have policies requiring verbal and written warnings before dismissal.
Opportunity to Improve: Employers are encouraged to provide employees with a chance to correct performance issues before terminating them.

While there is no legal requirement for a warning, employers who fail to provide fair performance management may face wrongful dismissal claims.

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2. Termination for Misconduct (With Cause)

If an employer fires an employee for cause, meaning for serious misconduct such as theft, harassment, or insubordination, they are not required to provide warnings or notice. However, proving just cause is difficult, and employers must show:

✔ The misconduct was severe.
✔ Progressive discipline was used when appropriate.
✔ The employee knew their actions could lead to termination.

Without sufficient proof, a termination for cause could be deemed wrongful dismissal, and the employee may be entitled to severance pay.

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3. Contract and Workplace Policy Considerations

• Some employment contracts specify whether written warnings are required before termination.
• Unionized employees are often protected by collective agreements that outline disciplinary processes, including written warnings.

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What Should You Do If You Are Fired Without a Warning?

If you are terminated without prior notice or a warning, you may have legal options:

1. Review Your Contract: Check if your employment agreement outlines performance management or termination policies.
2. Request a Reason for Termination: Ask your employer for written reasons if you were dismissed unexpectedly.
3. Document Everything: Keep records of performance reviews, warnings, or any discussions about your job performance.
4. Seek Legal Advice: If you believe you were wrongfully terminated, consult an employment lawyer to assess your options.

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Conclusion

In Ontario, employers are not always required to provide a written warning before terminating an employee, especially in cases of serious misconduct. However, if termination is based on poor performance, failure to give warnings or opportunities for improvement may lead to a wrongful dismissal claim.

If you have been terminated without notice or believe your employer did not follow proper procedures, legal advice can help you determine if you are entitled to severance or additional compensation.

For expert guidance, contact Randy Ai Law Office at (365)-536-2474 or fill out our contact form. Our employment law team can review your case and help protect your rights.

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