We have been advising employers in connection with employee termination for over 20 years.
We understand that terminating the employment of a colleague can be the most difficult decision that a manager will ever make.
The best way to minimize the time and cost associated with an employee termination is to include a well crafted termination clause in an employment contract. For more information on this area of the MacLeod Law Firm practice, click here
Here are some questions we are asked concerning an employee termination:
1. One of our employees is accessing pornography from work? Do we have just cause to terminate?
2. One of our employees just returned from disability leave and we want to terminate him because of misconduct that came to our attention while he was on leave. Can we?
3. One of our employees is retiurning from a pregnancy leave and her position has been eliminated. What should we do?
4. I think one of our employees just arrived at work undere the influence of alcohol or drugs. I want to fire him right now. Can I?
Once a client has decided to terminate an employee , we discuss and prepare a severance package.
Here are some questions we discuss with our clients before preparing a severance package:
1. Should the employer allege there was just cause for termination?
2. If there is no just cause, should the employer provide working notice of termination, or pay in lieu of this notice?
3. How much notice of termination (or termination pay) should the employer provide?
4. Should the employer pay out termination pay in a lump sum amount of by way of periodic payments?
5. How long should the employee continue employee benefits after the termination date?
6. Should the employer offer a reference letter?
7. Should the employer offer outplacement counselling?
8. Does the employer want to make one final settlement offer or is the employer prepared to negotiate a severance package?
Each employee termination and severance package is different. There is no one size fits all approach.
If you have a question about an employee termination you and want to speak to a lawyer from The MacLeod Law Firm, click here
The MacLeod Law Firm has been practicing labour and employment law for over 20 years. Through our offices in Barrie and Toronto we would be happy to help.