Recent events require the termination of one of my employees. Having not previously conducted a termination; what can I do to minimize the risk of litigation?

Terminating an employment relationship can be difficult for everyone involved, and if handled incorrectly, the emotional impact on the employee and financial impact on an organization can be severe.

All too often, individuals performing the termination have little training on how to effectively handle the situation; their obligations under the Employment Standards Act (ESA); and how to respond to an employee’s questions.

All too often, individuals performing the termination have little training on how to effectively handle the situation; their obligations under the Employment Standards Act (ESA); and how to respond to an employee’s questions.

Once you have determined that termination is the only appropriate course of action, the following steps can help ensure a dignified exit for the employee and minimal risks for the company:

• Ensure any misconduct has been thoroughly investigated and discipline has been administered consistently and fairly.  Where no misconduct is present, explain that this is purely a business decision based on a need to reduce staff or eliminate roles;
• Collect all supporting documentation including performance reviews, incident reports, warning letters and the termination letter;
• Determine requirements regarding notice or pay in lieu of and severance entitlement;
• Compile a list of company property to be recovered including keys, parking pass, phone, etc.;
• Calculate any wages owing up to the date of termination - including any unused/accrued vacation;
• Schedule a date and time for the termination meeting and determine who should attend. Wherever possible, enlist a counselor to assist;
• Prepare for a wide range of emotions (i.e. shock, anger, crying) and rehearse your responses;
• Keep the meeting as short as possible;
• Arrange for a suitable time for the employee to return and pick-up any personal belongings; and
• Communicate the termination to others within the organization as quickly as is appropriate.

 

There are many variables to consider when terminating the employment relationship. The Burke Group is available to provide guidance and advice on the best way to proceed based upon specific circumstances.