Has the employee been employed by the employer for five or more years (this includes all time spent by the employee in employment of the employer, whether continuous or not and whether active or not)?
It is important to note that if a sale of business occurred in the past, and the employee continued to be employed with the new owner, this time may count towards his or her length of employment with that new owner. The sale may even pre-date the current employer's purchase of the business. Please refer to the Continuity of Employment in the Guide, as employment time with the previous owner(s) of the business may be included in determining length of employment.
Note: If an employer ends an employee's employment without giving written notice as set out in sections 57 or 58 of the Act, the employee's length of employment for severance pay purposes is calculated as if notice had been given. See ESA section 57 and 58.
If the employee is employed by a building service provider when there has been a change in providers, and if the employee has stayed on with the new provider, an employer may also need to count the time spent with the previous provider(s) when determining the employee's length of employment. More information on Building Service Providers