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Preparation Guidelines for Terminations

Preparing for, and conducting, an employee termination is never an easy process for anybody, least of all the terminated employee who is a person with emotions and a life and responsibilities outside of work.  There is also the rest of the organization and other stakeholders to consider in how a termination is handled.  For the majority of terminations, typically “without cause”, careful and thoughtful advance planning is key.  Exceptional and extremely egregious situations are less common and these may require rapid intervention which is not the focus of this document.  In the event of the latter, you are advised to seek immediate counsel.

Note:  these guidelines are general in nature to help you through the process. The specific legal obligations are set out by the employment legislation that applies to your organization: provincial, territorial, or federal, as the case may be.  Part of the preparation is ensuring that you understand and adhere to the correct legislative requirements for the termination in question.  If in doubt at any time, you are strongly encouraged to speak with an HR professional and/or employment lawyer.