4.5. Dismissals
When terminating an employee, it’s crucial to adhere to proper procedures and documentation to avoid legal ramifications for wrongful termination. If your company has a human resources department, it’s advisable to consult with them beforehand. For small businesses lacking an HR function, ensure compliance with employment standards regulations specific to your jurisdiction. If uncertain, seeking advice from similar businesses with HR departments or the provincial Employment Standards Branch (Government of Ontario, 2017) can be beneficial.
Regardless of jurisdictional nuances, follow these general steps:
- Initiate a discussion with the employee to outline the issue at hand and allow them to provide their perspective.
- Offer the employee an opportunity to explain their actions and provide any relevant information.
- Conduct further investigation, if necessary, based on the information provided.
- Prepare a written notice of termination after careful consideration of all available information.
- Conduct the final termination meeting in a private setting to maintain confidentiality and minimize discomfort for the employee.
- Consider having a witness or backup present to support the conversation, especially if tensions may arise.
- Clearly communicate how the employee’s performance fell short of expectations, referencing any prior warnings.
- Announce the termination respectfully and professionally.
- Collect any company property from the employee, such as keys or uniforms.
- Ensure timely processing of final pay, including wages and vacation pay, in accordance with provincial regulations.
- Provide necessary information to the employee, such as details regarding the final paycheck, procedures for returning company property, and arrangements for an exit interview if applicable.
Throughout the termination process, prioritize preserving the employee’s dignity and ensure they feel they have been treated fairly and respectfully.
