Termination

Unfortunately, some employment relationships must come to an end. There are various circumstances where an employer may need to consider termination.

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For provincially regulated employers, termination can be with or without just cause, depending on the circumstances. A just cause termination means that an employer has terminated an employee on the basis of very serious misconduct, or a series of inappropriate behaviour that is not corrected by the employee. The reason for termination must be so egregious that it goes to the heart of the employment relationship and creates irreparable harm. Just cause is reserved for the worst workplace misconduct and is very difficult to prove. Federally regulated employers must prove just cause to terminate an employee who has worked for the organization for 12 continuous months or more, while provincially regulated employers may terminate an employment relationship without just cause at any time as long as they provide the proper notice or pay in lieu of notice. Termination is a very serious step and should not be taken lightly by employers. Employers should always contact an employment lawyer when considering a termination; if a termination is done incorrectly it can lead to very serious and costly consequences. Our firm can provide advice, draft termination letters, respond to wrongful dismissal claims, negotiate termination packages, and assess your position as an employer.

For more information on termination, read our blog on Termination in the Workplace.

To learn from a case study example, review Essentials for Employers: Dismissal Means Danger.