Kevin Marshall
March 28, 2016
Termination is an inherently stressful act for both employers and employees, but there are ways to ensure a dismissal takes place with respect and compassion in mind.
“A termination is always going to be highly stressful for any employee, and an employer would be unwise to deliver the news in a manner that’s going to cause additional anguish to the employee.”
An Australian company was recently chastised for sending termination notices to more than 50 employees through an overnight text message. The 56 workers at Hutchison Port’s container terminal received texts telling them to check their email which informed them not to turn up for work the next day.
“A termination by text is going to dramatically increase the likelihood that the employee will bring a claim against the employer.”
“More anger is created by not giving the employee the chance to have a face-to-face conversation with their employer and perhaps provide feedback — even if a final decision has been made."
“It’s disrespectful to the employee and it increases the anguish they feel. It can also increase the damages the employer may be exposed to.”
The appropriate way to terminate an employee — and minimize the chances of litigation — is to do so respectfully and discreetly. “It shouldn’t be done in front of other co-workers, though one witness should be present, if the reason for a dismissal without cause can be explained verbally, it should be. If there’s a downturn in finances at the company, for example, that should be stated.”
If it’s a termination for cause, the reason should be stated verbally and in the termination letter.
Regardless of the reason behind a firing, an employer still must act in a dignified way.
“The compassionate — but also wise — thing to do would be to try to help the individual find another job.”
“A worker rarely has a viable claim against a former employer if they find a new job quickly.”
And the former employer should almost never contest the person’s ability to get Employment Insurance, as it’s in the interest of the employer to keep the terminated individual happy.
“When an employee is upset, they’re more likely to bring a claim.”
Employers should avoid terminations on Fridays, as employees will likely stew over the weekend, which accentuates bad feelings.
“Terminations are always difficult on both ends but the employer needs to not just do it in a perfunctory, expedited manner.”
“They have to think it through and follow certain procedures. They have to think about how the employee is going to react. It’s really basic common sense, but we see situations where these guidelines are not followed."
In a union context, terminations are handled differently and other sets of rules apply.
