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Buying & Selling a Business

Can I be liable for mass termination notice obligations if I lay off staff right after buying?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, potentially. If you continue employing a group of the seller's employees as part of a going-concern purchase and then decide to terminate a significant number of them at once shortly after taking over, the Employment Standards Act's enhanced notice requirements for larger-scale terminations can apply to you directly as their employer at the time of termination, calculated using their combined service including time worked for the seller, not just your own brief period of ownership.

This surprises some buyers who assume that because they've only owned the business a short time, their termination obligations are somehow limited to that short period. They aren't — once continuity of employment applies, the employees' full service history is generally what matters for these purposes, and the size of the group being let go, not how long you've personally owned the business, is what can trigger enhanced obligations.

If you're planning any significant post-closing restructuring or layoffs, get proper advice on timing, notice requirements, and cost before finalizing your plans, rather than assuming a fresh ownership period limits your exposure. A Treadstone business lawyer can help you plan a post-closing restructuring properly.

Key takeaways

  • Enhanced notice obligations for larger-scale terminations can apply based on combined employee service.
  • A short period of ownership doesn't limit your exposure once continuity of employment applies.
  • The size of the group affected, not your ownership tenure, is what can trigger enhanced obligations.
  • Get advice on timing and cost before finalizing any post-closing restructuring or layoffs.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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