Question and answer
Ask your question and an Ontario employment lawyer will answer in minutes

FOR EMPLOYEES
FOR EMPLOYERS




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


My father verbally employed a full time Mon-Fri live in care giver, about 8 years ago. She is independent and not from an agency. His health has declined and he is now in hospital with terminal cancer. His death is imminent. As such the services of the caregiver are no longer required. It is not clear to me what the legal requirements are for termination. Notice, severance, etc. There is no formal contract in place. I do want to be reasonable and perhaps offer above the minimum. I'm simply trying to understand the minimum obligations. I did offer 2 weeks notice and 8 weeks termination/severance although I may not be required to.

In addition the caregiver has asked to stay in the home for 3-4 months rent free. I do not believe providing ongoing free accommodations is reasonable or required.
My intent is to immediately put the home up for sale.

If there is no employment agreement which limits the live-in caregiver's notice entitlements, she would be entitled to common law notice of termination, not just the statutory amounts found in the employment standards legislation. Her common law notice entitlements are based on a number of factors, including but not limited to her: age, length of service, position, and availability of re-employment. I would recommend reaching out to our office for a consultation to discuss strategy moving forwards with respect to her termination.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
Leave a comment