The decision to terminate an individual's employment is not an easy one. At times, whether due to economic pressures or an individual's poor performance it may nevertheless become necessary.
The manner in which your organization carries out a termination of employment will differ depending on the underlying circumstances. Generally speaking, termination of employment can be a point at which an organization may become exposed to potential liability. This liability can arise in the form of a dispute over severance entitlement, or allegations that the termination was affected for discriminatory reasons.
There a number of rules in Ontario that govern how a termination should take place. These rules can be complex and stem both from statute (being set out in the Employment Standards Act) or the common law (i.e. judge-made law). These rules operate in tandem to set the payment requirements that employers must meet.
We help our clients by simplifying this process to ensure compliance with these rules, and avoid potential head-aches further down the road. Our services in this regard are broad-ranging and can include:
- advising as to what, if any, severance entitlement the employee in question may have;
- providing options for either working notice, or payment in lieu;
- drafting termination letters and Release Agreements;
- negotiating settlements and, if necessary;
- responding to claims of wrongful dismissal.
As such, our employment lawyers help business owners navigate this process by providing proactive and strategic advice to minimize both disruption and cost.