Termination of Employment:
The Complete Course for Non-Union Employers

From time to time all employers face the need to terminate employees.  Performing this task in a sensitive and professional manner is part of the required skill set.  This course is designed to help you:

1. Learn how to investigate properly so that you can determine whether or not there is "just cause", and
2. Understand the common law and employment standards so you can determine the applicable notice period. 

The information provided will allow you to face a variety of workplace situations with confidence.  Results will save your organization time and money, reduce the chances of litigation (or at least streamline the process) and help you avoid hefty Wallace damages.

You Will Learn:

• When notice of termination is required and of what it consists
• What behaviours constitute "cause" and what is required to prove "cause" in a court of law
• The difference between common law notice and notice under the Employment Standards Act
• The importance of conducting thorough investigations into misconduct and ensuring due process
• How the decision to terminate should be communicated
• The effects of specific term employment, constructive dismissal, frustration of contract and lay offs

The Program Will Cover: 

The Legal Basics 

•        What is termination of employment?
•        When notice of termination is required and when it isn't
•        Identifying "cause for termination"
•        When is unsatisfactory job performance cause?
•        Individual vs. group terminations  

The Decision to Terminate (Part II: Termination with Notice or Pay in Lieu)

• Calculating the cost 
• Assessing compensation payable
• Reviewing written employment agreements
• Contents of termination packages
• What if the employee gets another job?
• Assessing compensation payable
• Reviewing written employment agreements
• Contents of termination packages
• What if the employee gets another job?
• Assessing compensation payable
• Reviewing written employment agreements
• Contents of termination packages
• What if the employee gets another job?
• Assessing compensation payable
• Reviewing written employment agreements
• Contents of termination packages
• What if the employee gets another job?
• Assessing compensation payable
• Reviewing written employment agreements
• Contents of termination packages
• What if the employee gets another job?
• Assessing compensation payable
• Reviewing written employment agreements
• Contents of termination packages
• What if the employee gets another job?
• Assessing compensation payable
• Reviewing written employment agreements
• Contents of termination packages
• What if the employee gets another job?

• Termination letters: what should they say when terminating with or without cause
• Termination meetings: who, where, when, what to say, security issues, what happens afterwards 
• Protecting yourself from false accusations  
• Communicating the decision to others; employees, customers, suppliers: what to say, form of communication, responding to questions

Post-Termination Obligations  

• Letters of reference
• Records of employment and Employment Insurance appeals
• Benefit continuation
• Reference requests

Termination Disputes 

• What happens if the offer is not accepted
• Dealing with demand letters and Statements of Claim
• Helping the employee find another job while protecting your legal position
• When (if ever) do you withdraw your offer?

Special Topics: Specific Term Employment, Constructive Dismissal,

Frustration of Contract, Layoffs

• Special considerations when terminating an employee hired for a speci
• When is a change in employment terms a constructive dismissal
• What is "frustration of contract" and when can you take advantage of it?
• Layoffs: when do they become a termination?