As an employer it is imperative to do your homework BEFORE you terminate any employee. If you do not have a structured plan to follow during the process you risk a run-in with one or more of the powerful regulatory forces that have real legal teeth:
- Human Rights Code of Canada
- Ministry of Labour Domains: Employment Standards and Occupational Health & Safety Act
- Common Law: If the employee decides to retain legal counsel to sue your company
To create this plan, you should ensure that you have all the proper paperwork in place and have done your homework so that there are no missteps on the day of the termination. Here are some key elements that you should include in your plan:
Plan the Environment
Where should the event take place and where? You should conduct the termination in a space that allows privacy for the person. The termination should be conducted first thing in the morning, or at the start of the person’s shift. Do NOT terminate a person on a Thursday or Friday as it will make it very difficult for them to access professional support networks or resources because most of these will be closed on weekends i.e.) government employment service offices, doctors, counsellors etc.
Write a Script
These sorts of situations can be stressful for all involved and a script keeps you on point and, most importantly, helps you to not say too much and possibly get into trouble for a misspeak that violates Employment or Human Rights Codes. Keep to your script and do not allow a gateway into any sort of negotiations with the person. Remember this a business decision, not a dialogue.
Know the Process
The leader should deliver the message to the person, then leave the room to begin collecting the person’s immediate belongings. The HR person should stay behind with the person to review the termination package and what the employer is offering them. Ensure that an additional person is nearby, as these are emotionally charged situations and can escalate quickly.
Do not let them sign any paperwork now. A minimum of one work week time frame is a good one, that way the person cannot claim duress when they signed the paperwork from the employer. The paperwork would include the Notice of Termination (with terms and conditions) and a Release that states the Employer is not in breach of the Human Rights Code, Employment Standards, Occupational Health and Safety, WSIB. This then guards against risk # 3 because the employer is thereby released from claims of any wrongdoing, so a lawsuit would be highly unlikely.
Do not let the meeting linger. Have them leave directly after reviewing the paperwork, no goodbyes or scenes in the workplace. Offer them a safe transport home if needed, like a taxi or Uber, but do NOT drive them or have another employee drive them!
Have their personal belongings collected up and delivered to their home and signed for. Remember, people often have personal files on their computers, so those can (is you wish) be put on a flash drive and sent with the other items. Such a scenario is another reason why it is a good idea to dissuade employees from keeping personal files on company computers or servers.
In the case of long-term employees who may have a lot of personal items like, plants, pictures, awards etc. that they may wish to pack up themselves you could offer them to return a few days later at an arranged time outside of regular hours to pack their belongings. This can still quickly escalate to an emotional scene, so it’s a good idea to have a neutral person or a security guard to oversee the packing process.
To finish the process neatly, make sure the person’s final payment is made within 7 days or at the next occurring payroll.
