Your Legal Advisor For Employee Dismissals
Successful businesses move and evolve quickly. There are sales to be made, staff to be managed, bills to pay, customers to service, and profits to post. When someone isn’t pulling their weight, you can simply let them go, right?Not necessarily.
According to federal and provincial employment laws, employers have a significant number of responsibilities when it comes to their employees. The business can face serious consequences upon terminating the employment for certain individuals. This can be true even if you firmly believe you have cause to let someone go.
Does this mean you have to keep underperforming or disruptive employees on staff? No. But it does mean you need a plan and a partner to help you navigate the legal minefield of dismissals.
What You Need To Know
When it comes to dismissals, there are a few thing every employer needs to know:
- When considering a dismissal, it is important to understand your potential liability and develop a strategy that is best for your business/organization before you take any action. Once a dismissal occurs you have fewer options and less flexibility
- When considering a dismissal, it is also important to know if there is an enforceable employment agreement in place, as this will inform you of your best available options
- In the absence of an enforceable minimum statutory termination clause your obligations could go well beyond the minimum requirements of the Employment Standards Act (Ontario) or Canada Labour Code (federal)
- If you make serious unsubstantiated claims of misconduct it could be grounds for additional damages for bad faith conduct in the manner of dismissal, as well as other claims for aggravated and punitive damages
How We Can Help
Morrison Reist Krauss advises businesses on their legal obligations when it comes to termination issues. Our team can:
- Advise you on your legal obligations based on the unique circumstances of a termination
- Develop a strategy for a reasonable and fair termination
- Help you navigate the process of terminating employees for cause
- Plan for restructuring and downsizing
- Draft effective termination documents
Even if you think you’ve crossed all your t’s and dotted all your i’s, it’s easy to miss something and inadvertently trigger a complex and expensive legal situation.
Put the expert employment lawyers of Morrison Reist Krauss on your team. Contact us today to learn how we can help you remain compliant with end-of-employment issues.
Call today: 519.576.5351 or Toll Free: 1.800.354.5723