TERMINATING AN EMPLOYEE
Navigating the Termination Process
Dismissing an employee does not have to be an adversarial process. As an employer, you are within your rights to dismiss an employee for almost any reason, so long as the dismissal is not discriminatory, is pursued in good faith, and the employee is provided their full contractual, statutory, and common law entitlements upon departure.
As a law firm that also represents employees, hundreds of termination packages cross our desk every year. As an employer, you should assume that a dismissed employee will take the time to review their package with an employment lawyer. Short-term deadlines, excessively hard bargaining, or unfounded allegations of cause will almost never benefit an employer in the long run.
Recent increases to the financial jurisdiction of Alberta’s Small Claims Court from $50,000.00 to $100,000.00 mean that the frequency of wrongful dismissal lawsuits against employers are likely set to rise. In many cases, it is more economically viable for an employer to consider a fairer severance offer than it is to run the risk of litigation.
At Calgary Litigation, we have experience guiding employers through each aspect of the termination process and can help your organization understand its statutory and common law obligations. We help employers draft effective termination letters, separation packages and release forms aimed at minimizing their liability.
If you are considering terminating in the mid-to-near future, we recommend that you get in touch with one of our qualified employment law attorneys.
Thinking of Parting Ways With an Employee?
Do not go at it alone, contact us today to speak with a
Has Your Organization Considered?
Exploring Career Transition Services for Dismissed Employees?
If an employee decides to fight for a larger severance package, it is in your company’s best interest to see that they obtain replacement employment as soon as possible. It is also wise to track the job opportunities available to the employee during their notice period. Contact us today to find out why.
Reviewing its Existing Employment Agreements?
A significant portion of your organization’s financial liability and litigation risk can be mitigated with a properly drafted employment agreement. Plan for your organization’s future by having an employment law solicitor review your contracts.
Gradual Severance Payments and/or Working Notice?
Several options are available to employers who are not in a financial position to make windfall lump-sum payments. When the circumstances are right, alternative strategies are available to help alleviate short term cashflow problems.
Reviewing its Privacy and Confidentiality Policies?
In the age of information, it is more important than ever to protect your sensitive financial information and preserve your organization’s reputation online. It is worth reviewing your internal policies to see if they are adapted to the online world.