Manitoba law will not tell you when to let someone go, and it will not hand you a severance number. It does fix, in exact terms, how much notice you owe by length of service, what you must pay and by when, and the deadline for the paperwork that follows.
I have had to let people go, in my own business and while helping other owners think it through. None of this is legal advice on your situation. It is what Manitoba's official Employment Standards fact sheets, the Employment Standards Code, and Service Canada's Record of Employment guide state, sourced below, current as of September 2026. For a ruling on your case, call the Employment Standards Branch at 204-945-3352 or 1-800-821-4307. For any decision resting on just cause, call an employment lawyer before you call the employee in.
Is this performance, or is this fit, and have they actually been told?
Two questions come first. Is this a performance problem, or did I put the right person in the wrong seat? And have they actually been told? I have sat with owners certain they had been building a case for months, and the employee had no idea. If the answer is no, you need the harder conversation first, not the termination letter.
This is my own experience, but the Just Cause fact sheet backs the second question, see below: short of serious misconduct, the employer must show the employee was warned first. If the role is the problem, see what a bad hire costs a Manitoba business. If it is a pattern, read how to keep good employees in the trades first. Started under 30 days ago? See what Manitoba law says about a probation period, the rules below do not fully apply yet.
What notice does the Code require?
Past the first 30 days, section 61(2) of the Employment Standards Code sets a notice schedule by length of service. It is a floor, not a suggestion.
| Period of employment | Notice the employer owes |
|---|---|
| Less than 30 days | None required (Code s.62(1)(a)) |
| At least 30 days, less than 1 year | 1 week |
| At least 1 year, less than 3 years | 2 weeks |
| At least 3 years, less than 5 years | 4 weeks |
| At least 5 years, less than 10 years | 6 weeks |
| At least 10 years | 8 weeks |
Source: Employment Standards Code s.61(2), mirrored on Employment Standards' Termination of Employment fact sheet.
The fact sheet is plain: "Employers and employees do not need to give notice of termination when the employee has been employed for less than 30 days," and "employers are not allowed to extend or change this period unless it is negotiated in a collective agreement with a union." Let the employee work the notice, pay wages in lieu, or split the two, described as "the amount of wages employees would otherwise have received had they worked out the notice period." You cannot go below the schedule yourself: "any agreement between an employee and employer that is less than the minimum is not valid," except in a unionized workplace.
Letting go of 50 or more employees inside a four-week window is different: section 67(1) requires written notice to the Minister, 10 to 18 weeks depending on the size of the group.
When is notice not required?
Employment Standards' fact sheet lists the situations where notice is not required:
- A temporary layoff of no more than 8 weeks in a 16-week period
- The employee works in the construction industry
- The employer can prove just cause
- The employment is for a specific length of time or task
- The employee has substantial control over whether to accept work and is not penalized for declining it
- The employer acts in a manner that is improper or violent toward the employee (this excuses the employee's notice, not the employer's)
- Election workers under The Elections Act, terminated by the person who appointed them
And a line that matters more than the list: "Employers must consider each situation on a case by case basis if deciding not to provide a notice period to an employee."
Just cause is the one to be most careful with: conduct "of such a serious nature or extent that it essentially breaks the employment relationship," where "the onus is on the employer to show just cause." Theft, dishonesty, violence, wilful misconduct, habitual neglect of duty, disobedience and conflict of interest are the fact sheet's own examples serious enough to stand alone. Poor performance and attendance are different, not "necessarily serious enough" unless the expectation was made clear, time and resources were given, and the employee was warned of specific consequences. Condoning the behaviour before makes it "difficult to prove just cause" later. Employment Standards investigates just-cause complaints and a court can weigh in, so this is a lawyer conversation first.
What must you pay, and when?
Wages already earned are unambiguous: "employers must pay out all wages the employee has earned up until the last day worked," within "10 business days of the last day of work." The Code, section 86(1), sets it as "within 10 working days after the termination." Vacation pay does not wait for notice to run out: "Employees are entitled to all outstanding vacation pay when their employment ends." Records must show the outstanding amount, the date it was paid, and the "dates of termination," for at least three years.
What about the Record of Employment?
Once the employee stops earning wages, a different clock starts with Service Canada. The trigger, the 7-day rule: "When an employee has had or is anticipated to have 7 consecutive calendar days with no work and no insurable earnings from the employer, an interruption of earnings occurs," and termination is a listed example. The deadline depends on how you file. On paper: "you must issue an ROE within 5 calendar days of: the first day of an interruption of earnings, or the day the employer becomes aware" of one. Electronically, on a weekly, biweekly, or semi-monthly pay period, you have up to 5 calendar days after the end of the pay period in which the interruption occurs. Put that date on the calendar the day you set the termination date.
What must you not do?
Manitoba's Human Rights Code lists the grounds you cannot use, directly or indirectly, to end someone's employment. Section 9(2): ancestry, colour and perceived race; nationality or national origin; ethnic background; religion or creed; age; sex, including pregnancy; gender identity and expression; sexual orientation; marital or family status; source of income; political belief or activity; physical or mental disability; and social disadvantage. Section 14(2) confirms "any aspect" of employment covered includes "the opportunity to participate, or continue to participate," naming "termination wages" directly. Separately, Employment Standards states "employers are not allowed to terminate employees because they have taken or requested a legislated leave of absence from work." If a termination's timing lines up with a leave request or a characteristic above, expect it to be the first question a lawyer or officer asks.
How I run the conversation
My own method, not a legal requirement. Short, in private, letter in hand before the person sits down. It states the termination date, the final pay date, and the Record of Employment date. I do not argue the decision in the room; that is not the place to relitigate reasons. On a performance termination, the letter reflects warnings already on file, not new ones invented on the spot. Before it goes out, this is what I check:
| Check | Where it is decided |
|---|---|
| Reason confirmed: performance, fit, or just cause | Just Cause fact sheet's own test, above |
| If performance: expectation, time, warning on file | Just Cause fact sheet |
| Notice period or wage in lieu calculated | Code s.61(2) |
| Final pay date set | Code s.86(1), within 10 working days |
| Outstanding vacation pay calculated | Vacations and Vacation Pay fact sheet |
| ROE deadline on the calendar | Service Canada ROE guide, 5 calendar days |
| Letter checked against Human Rights Code grounds | Code s.9(2) |
| Employment Standards Branch number on hand | 204-945-3352 or 1-800-821-4307 |
What happens if you get it wrong?
Employment Standards' claims page is plain: an employee "can file a claim with the Employment Standards Branch within six months of the last day of work or when the incident happened," and "as a neutral third party Employment Standards will investigate your complaint by speaking to both you and the employer to gather information, evidence, review facts and apply the legislation." That is slower and more public than paying it right the first time.
The three ways I can help, cheapest first
The best termination is the one you never need, which starts with the hire. Start cheapest.
Do it yourself on Quadrant. Quadrant screens applicants with a DISC assessment before you make an offer, for a subscription, not a fee.
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Worth reading before your next hire: interviewing a candidate for the first time and what a bad hire costs a Manitoba business.
Questions owners ask first
How much notice do I owe when I terminate someone?
It depends on length of service, and it starts after the first 30 days. Under 30 days, none. From 30 days to one year, one week. One to three years, two weeks. Three to five years, four weeks. Five to ten years, six weeks. Ten years or more, eight weeks. These are the minimums set out in section 61(2) of the Employment Standards Code, and Employment Standards' Termination of Employment fact sheet confirms you can pay wages in lieu of notice instead of having the employee work it out.
Can I skip notice because the work was not good enough?
Not automatically. Employment Standards' Just Cause fact sheet is direct that behaviours like being late, missing work, and poor performance are not necessarily serious enough to terminate without notice, unless you can show you made the employee aware of the expectation, gave them reasonable time and resources to meet it, and warned them about the specific consequences of continuing. Just cause is a legal test the Branch or a court decides on the facts, not a label you can apply yourself, so talk to a lawyer before you rely on it.
When do I have to issue the Record of Employment?
Service Canada's ROE guide sets the deadline by how you issue it. On paper, you must issue it within 5 calendar days of the first day of an interruption of earnings, or the day you become aware of one. Electronically, with a weekly, biweekly or semi-monthly pay period, you have up to 5 calendar days after the end of the pay period in which the interruption of earnings occurs.
What happens if I get the final pay wrong?
The employee can file a claim with Manitoba's Employment Standards Branch within six months of their last day of work. Employment Standards' own claims page describes what happens next: as a neutral third party, it investigates by speaking to both sides, gathering evidence, reviewing the facts and applying the legislation. That is a different, slower, more public process than just paying it correctly the first time.
Is this legal advice?
No. This is a summary of what Manitoba's official Employment Standards pages, the Employment Standards Code, and Service Canada's Record of Employment guide state, current as of September 2026, not a legal opinion on your situation. For a ruling on your case call Manitoba's Employment Standards Branch at 204-945-3352 or 1-800-821-4307, and for a just-cause decision, talk to an employment lawyer.
If you want the done-with-you version of hiring so this happens less often, see what Hiring Services costs. If you want the whole search off your plate, see what Contract Recruiting costs.
Sources
- Government of Manitoba, Employment Standards, Termination of Employment, fact sheet, dated January 23, 2025: notice periods, the 30-day exception, wages in lieu, exceptions to notice, final wages within 10 business days, group termination, and other laws affecting termination.
- Government of Manitoba, Employment Standards, Just Cause, fact sheet, dated December 30, 2024: the test for just cause, examples of serious misconduct, the correction-first standard for performance and attendance, and condonation.
- Government of Manitoba, The Employment Standards Code, C.C.S.M. c. E110, consolidated version current as of September 4, 2026: sections 61, 62 and 62.1 on notice of termination and its exceptions, section 67 on group termination, and section 86 on the timing of final wages.
- Government of Manitoba, Employment Standards, Vacations and Vacation Pay, fact sheet, dated October 19, 2020: outstanding vacation pay owed when employment ends.
- Government of Manitoba, Employment Standards, Paying Wages and Keeping Records, fact sheet, dated July 8, 2020: required termination and vacation-pay records, and the three-year retention period.
- Government of Manitoba, Employment Standards, File a Claim, page, accessed September 7, 2026: the six-month filing window and the Branch's investigation process.
- Government of Manitoba, Employment Standards, Employment Standards Contacts, page, accessed September 7, 2026: phone 204-945-3352 or 1-800-821-4307.
- Government of Canada, Employment and Social Development Canada, How to complete the Record of Employment, guide, accessed September 7, 2026: the interruption-of-earnings trigger and the 5-calendar-day deadline for paper and electronic ROEs.
- Government of Manitoba, The Human Rights Code, C.C.S.M. c. H175, consolidated version, accessed September 7, 2026: section 9(2) protected characteristics and section 14 discrimination in employment.