Sample Termination Template - MaRS Discovery District The Releasor confirms that the Releasor is aware of the Releaser's rights under the Human Rights Code (Ontario) ...
The employee sent a letter to the employer asking them to"re-consider" the termination and requesting her benefitsbe re-instated as soon as possible. The benefits were reinstated bythe employer "to bring to an immediate stop the internalcompany paperwork necessary to give effect to the termination of[the employee's] employment. Unfortunately, communicationissues did not end there, the employee claimed she was terminatedin October when ordered to return to work. The employerhowever continued to treat her as an employee during thattime. For example, employer contributions continued tobe made.
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It is important that employers have all the termination paperwork ready for the meeting with the employee. The paperwork should include a termination letter (which will set out the package to be offered) and a full and final release.
It is not always necessary (or desirable) to terminate an employee immediately and provide pay-in-lieu of notice. A preferable option may be to have an employer provide an employee working notice (i.e. that their employment will end at some future date). The benefit to the employer is that they have an employee actively working for the duration of the notice period; however, employers need to consider on a case by case basis, whether working notice will be appropriate. An employee who is on working notice may not put forth the expected effort as he/she may be more concerned with finding a new job than carrying out his/her duties. Also, employers may want the process to end quickly as they may not want an employee negatively affecting the moral of the workplace.
While many employment relationships are "at-will", there are some instances where a notice of termination may be required, including if the employee is covered by a union or collective bargaining agreement. If you are unsure about what requirements apply to your situation, .
Termination at will vs. termination for cause: Unless state law or your employment contract say otherwise, employment is generally at-will, meaning that employees can quit or be terminated with or without a specific reason or any advance notice/compensation. If you have questions about your reasons for terminating an employee, .
Termination pay and severance pay are statutory obligations on an employer. It is not appropriate to require an employee (being dismissed without cause) to sign a full and final release as a condition of being paid the minimum ESA entitlements. If offering more to the employee than the minimum ESA entitlements, then the employer is justified in asking the employee to sign a release, but only for those amounts in excess of the ESA minimums. There are rare occasions when it is appropriate for the employer to require the employee to sign a release in exchange for receiving ESA entitlements, such as when an employer discovers serious employee misconduct that it was not aware of at the time of termination.
Even if you are terminating an at-will employee, there are still precautions to be taken to avoid wrongful termination, that is, firing someone for an illegal reason. In addition to laying out the terms of employment in an , employers should also consider outlining your expectations in an , documenting and enforcing your company's disciplinary policy, as well as maintaining proper records of disciplinary actions taken in the employee's HR file.
Before terminating an employee, it is important that you review your employment agreement, employee handbook and any other HR policy to clearly understand your legal responsibilities as the employer—specifically whether or not you are obligated to terminate the employee with just cause, such as misconduct or poor performance.
If you have any questions about what's right for you and your business as it relates to termination law, we can for quick answers or a review of your Letter of Termination.
The decision to dismiss an employee, for whatever reason, can frequently be a difficult and uncomfortable one. And there are always some risks-for example, the employee could sue you for unlawful discharge. Generally speaking, you can significantly reduce this risk if you can show that you fired an employee for proper business reasons and that you acted in good faith during the termination process.
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.