1. Created by Laura McFarland
January 2014
Termination
Human Resources Management
1
Insights
2. Topics
2
Created by Laura McFarland
January 2014
Types of Termination
Types of Termination – continues
Termination Policy overview
Why do a Termination
Termination with Cause
Termination without Cause
Termination without Cause –continues
When to do a Termination
Releasing Job Records
4. 4
Created by Laura McFarland
January 2014
Types of Terminations:
Examples:
Involuntary Termination
Voluntary Termination
Fired
Quit
Laid Off
Retired
Job Elimination
5. 5
Created by Laura McFarland
January 2014
Termination Policy Overview
Termination
Policy Overview
Federal Law requires employers to provide a
final paycheck, including all pay due, within 6
days for:
Employees who quit without notice period
Employees who resign without notice period
Federal Law requires employers to provide a
final paycheck, including all pay due, within 48
days for:
Employees who involuntary are terminated
Employees who are laid off due to business
hardship
6. 6
Created by Laura McFarland
January 2014
Why proper Termination helps :
Timely administration of a termination ensures:
Compliance with federal and provincial laws
which requires furnishing a final check
Correct reporting of headcount on government
filings
Accurate records of employee standard work
hours , which is especially important for paternity
leave employees who may have work hour
restrictions
Prevention of overpayments to employees who
are no longer working for CTR Ventures Ltd.
Timely provision of benefits enrollment information
to employees moving from a contingent position
to a benefits-eligible position
7. 7
Created by Laura McFarland
January 2014
Termination With Cause
Employer can terminate employment for
cause, where employee’s conduct is
inconsistent with the continuation of the
employment relationship.
Can only happen when the employee is guilty
of repeated and very serious misconduct.
Employer has an obligation to take other
lesser forms of discipline before resorting to
termination.
One incident of misconduct is almost never
enough.
If employer establishes cause, no requirement
to pay severance.
In reality, very difficult to establish cause, and
employer may be liable for damages for bad
faith.
8. 8
Created by Laura McFarland
January 2014
Termination Without Cause
Can happen at any time, for any reason
Performance is irrelevant
Seniority is irrelevant
No termination as a result of a discriminatory
ground (for example, no termination without
cause because employee was absent due to
an illness)
Employer must provide reasonable notice or
pay in lieu thereof
Starting point: employment contract
No contract: probably good news for
employee
Must determine what reasonable notice is for
each employee
9. 9
Created by Laura McFarland
January 2014
Termination Without Cause (contd.)
Notice is based on employee's age, length of
employment, nature of position
Was employee induced to leave secure
employment? Notice goes up.
Employer may decide to give working notice
If no working notice, must be put in the same
financial position as if given working notice.
Payment can be made as lump sum or as salary
continuation.
Package must include everything: salary, bonus,
commissions, benefits, stock options, vacation pay.
Important: employee has duty to mitigate
10. 10
Created by Laura McFarland
January 2014
When to Do a Termination
The
termination process is used for:
All employees separating from on-going
or fixed-term employment
Intern or Practicum students hourly
workers who have ended employment
Layoffs
Retirements
Employees moving from one Employment
to alternative Employment(final check
needed for vacation payout)
11. 11
Created by Laura McFarland
January 2014
Releasing the Job Record
If
you are unable to determine whom to
contact in the previous department to
get a job record released, Include:
Name of Employee,
Effective Date of Hire (release of job
record must be on or prior to the Effective
Date of the Hire)
