You can terminate an employee any time you want. The question is whether you have just cause to do so. If not, you have to pay the employee termination notice and other amounts due under the ESA. Exception: Termination notice isn’t required if the employment was probationary, lasted less than the necessary 3 months and you terminate the employee for lack of suitability. I can’t really tell you anything more than that without knowing more about the facts of the case. Feel free to contact me at glennd@bongarde.com, if you want to follow up.