Avoid wrongful dismissal claims with expert support for employee terminations.
It is critical employers understand how employee terminations can impact their business. Knowing what to do is the difference between an easy process and a long or costly one.
Our HR experts are available 24/7 to answer any of your questions. If you’re looking for advice on employee dismissals or any other employment-related matter call us at 1-833-247-3650.
Terminating an employee is harder than you think. Each province sets its own laws and standards. Knowing those applying to you is key to avoiding wrongful dismissals. Or worse – legal challenges.
From the right severance pay to giving enough notice, there’s a lot to keep track of. And getting anything wrong can be costly for your business. But our experts can help you make it easy. We’ll ensure you’re following HR best practices and keep you compliant.
What employers should know about terminations
Knowing the ins and outs of employee terminations is vital. There are cases where you cannot let an employee go. Or where you don’t have to pay severance. That’s why getting the right advice before handling a termination helps protect your business.
Employers should keep the following in mind:
- Give written notice
- Provide termination pay or pay in lieu of notice, except in certain cases
- Include a clear termination clause in your contracts
- Refuse a positive reference. Employers are advised to verify former employees’ dates of employment, positions, titles, and duties without further comment
- Assume just cause to terminate without notice – unless you have proof of serious misconduct
- Misinform staff of their termination package
When you don’t directly fire an employee but change a fundamental term of employment without any contractual rights or the worker’s consent, it has the potential to be deemed a constructive dismissal. Examples of major changes include significantly altering the worker’s duties or work location or reducing their work hours or salary.
Constructive dismissal can also occur when an employer forces an employee to resign by creating an intolerable work environment for them.
Since constructive dismissal is treated as a termination of employment, the employer would be obligated to provide the worker with their entitlements upon termination as per the applicable employment standards legislation.