Most federally and provincially incorporated charities and not-for-profits are governed by the Ontario (the “ESA”). The ESA sets out the minimum employment standards which cannot be lessened, even by an agreement between an employer and an employee. These minimum obligations touch on a number of issues, including minimum wage, overtime pay, vacation entitlements, statutory holidays, job protected leaves of absence (such as pregnancy and parental leave) and termination obligations. ( The (
Reason for employee termination: As noted above, sometimes, a termination is out of your control. You may be an HR manager, forced to lay off an otherwise productive employee because the business is going through a rough patch. On the other hand, you might be firing an employee for verbal abuse, excessive tardiness, or poor performance. With a Termination Letter, your employee will get a better understanding of why they're being let go.
The following example illustrates one way in which the required OWBPA information could be presented to employees as part of a waiver agreement and is not intended to suggest that employers must follow this format. Rather, each waiver agreement should be individualized based on an employer’s particular organizational structure and the average comprehension and education of the employees in the decisional unit subject to termination. For another example of how the required information might be presented, see 29 C.F.R. § 1625.22(f)(vii).
Many employers threaten to not provide the final paycheck unless the employee signs the exit interview/termination papers/release. This is unlawful!
If your employer decides to terminate your job, you may be given a severance agreement that requires you to waive your right to sue for wrongful termination based on age, race, sex, disability, and other types of discrimination. Although most signed waivers are enforceable if they meet certain contract principles and statutory requirements, an employer cannot lawfully limit your right to testify, assist, or participate in an investigation, hearing, or proceeding conducted by the EEOC or prevent you from filing a charge of discrimination with the agency. An employer also cannot lawfully require you to return the money or benefits it gave you in exchange for waving your rights if you do file a charge. While this document is not intended to cover all of the issues that arise when your employer informs you that you are being terminated or laid off, the following checklist may help you decide whether or not to sign a waiver.
A severance agreement often is written like a contract or letter and generally includes a list of numbered paragraphs setting forth specific terms regarding the date of termination, severance payments, benefits, references, return of company property, and release of claims against the employer. If your employer decides to terminate you, it may give you a severance agreement similar to the one that follows:
About the Federal law that grants to qualified employees, the right to extend their employer-provided health insurance benefits after employment termination or discharge. HIPAA information included.
Only very serious misconduct will be considered just cause (e.g. theft, fraud, assault or sexual harassment, excessive unexplained absences, serious insubordination, conflict of interest). Dissatisfaction with the employee’s performance is rarely considered by courts to be just cause for dismissal. Prior to alleging cause, managers and boards of charities and not-for-profits need to carefully assess whether they want to take that position, as terminating for cause substantially increases the likelihood of litigation.
Since the reasons given can be usually subjective, it is imperative that a clear and definitive paper trail be established during the counseling and termination process.
Employers are required by law to provide a safe workplace for their employees, The pertinent statutes cover a wide range of issues including workplace harassment and work space safety.
General information about state unemployment benefits, for which you might be eligible after employment termination or discharge.
Despite the ongoing need for managers to fire employees and the wide prevalence of downsizing and layoffs, little research has examined how the conduct of termination interviews affects employee reactions. The current research was designed to explore reactions to several commonly used termination interview practices. Two scenario-based experiments examined the effectiveness of having a third party (an HR manager or a security guard) present, mentioning the employee’s positive characteristics and contributions, and using alone, discrete escort, or public escort modes of exit from the interview. Perceptions of being treated with respect and empathy, levels of anger, and the likelihood of complaining to others and taking legal action were assessed. Support for the effectiveness of specific termination interview practices was mixed. Specifically, in Experiment 1, third party presence was viewed as demonstrating a lack of respect, whereas mentioning positive characteristics was generally viewed favorably. Experiment 2 showed the favorable effects of mentioning positive characteristics were eroded by a security guard escort from the interview, and actually reversed and became negative when that escort was public in nature. A public escort also produced the highest levels of anger. These results suggest that multiple aspects of the termination interview process should be considered carefully when developing managerial policies.
Legitimate Reasons for Terminating an Employee
The leading cause used for employee termination is poor performance or outright incompetence.
A terminated employee should be allowed at least a full week to consider a termination package, as this gives the employee an opportunity to review the package with his or her lawyer and/or financial advisor. Not doing so, could result in a court ruling that the employer put undue and improper pressure on the employee to sign a release, thereby holding that the release and the settlement is not binding on the employee.