Termination of Employment
For most employers, the topic of terminating an employee form their job can be difficult and stressful. Aside from financial business-related reasons for the termination (e.g., downsizing), there are important legal considerations that must always form part of an employer’s decision (and process) to terminate employment.
Below is a simple checklist for employee terminations that covers some of the many factors that are involved when considering a termination of employment. This list is not intended to be exhaustive or complete, but simply provides a few issues that are typically considered by employees. As with any other aspect of Ontario employment law, it is very important for employers (and employees) to consult with an experienced employment lawyer for assistant and support in understanding their legal rights, options and entitlements when it comes to employment termination matter.
1. Reason for Termination of Employment
Yes No
Should We Terminate “For Cause?” □ □
If Termination for Cause, is there a Valid Legal Basis? □ □
Should we Terminate “Without Cause”? □ □
Did We Review the Employee’s File and Work History? □ □
Did We Consult with an Employment Lawyer? □ □
2. Employment Contract
Yes No
Did the Employee sign an Employment Contract? □ □
Has the Employment Contract been reviewed by an Employment Lawyer? □ □
Is the Employment Contract Legally Enforceable? □ □
Is There an Enforceable Termination Clause? □ □
3. Severance Package
Yes No
Should we Provide the Employee with a Financial Severance Package? □ □
Was the Severance Package Prepared by an Employment Lawyer? □ □
Is the Severance Package Limited by the Employment Contract? □ □
How will the Severance Packaged be Provided? □ □
Does the Severance Package Comply with the Employment Contract? □ □
Does the Severance Package Comply with the Employment Standards Act? □ □
Did we Provide the Required Amount of Termination Pay, Severance Pay and Benefits? □ □
Does the Severance Package Comply with Common Law? □ □
Does the Severance Package Contain the Required Documents? □ □
Did we Provide Employee with Enough Time to Obtain Legal Advice? □ □
Have we Notify Staff of Employee’s Departure Respectfully? □ □
Did we Obtain a Final Release? □ □
4. Termination Meeting / Exit Interview
Yes No
Did we Conduct the Termination Meeting Respectfully and Professionally? □ □
Was the Employee told to Speak with an Employment Lawyer? □ □
Did we Conduct the Termination Meeting in a Private Office? □ □
5. Workplace Problems
Yes No
Have we Considered if there are other Workplace Issues with the Employee? □ □
Are there Workplace Harassment Issues? □ □
Are there Human Rights Considerations Under the Ontario Human Rights Code? □ □
Have we Considered the Impact of the Ontario Employment Standards Act? □ □
Have we Considered the Impact of the Ontario Health and Safety Act? □ □
6. Wrap it Up
Yes No
Has the Employee Returned all Property (e.g., laptop, cell phone, keys, etc.)? □ □
Have we Returned the Employee Personal Property? □ □
Have we Removed the Employee’s Electronic Access (e.g., e-mail)? □ □
Have we Provided the Record of Employment (ROE) correct? □ □
Are there Employment Insurance (EI) Issues? □ □
Did we Notify Payroll and the Benefits Provider? □ □
Have we Notify Staff of Employee’s Departure Respectfully? □ □
Should we Provide Career Transition Counselling to the Employee? □ □
Contact Employment Lawyer
If you are an employee or an employer looking for an employment lawyer to help with an employment law or workplace issue, please contact Bune Law today.
Understanding a termination letter or severance package often requires understanding the impact on your employee pension plan. If you think that your employer is not compensating you fairly for your pension in your termination package, please call Bune Law to discuss your rights and options. To speak with an experienced employment lawyer, please contact 647-822-5492.
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