Employer Termination Advice From Lawyers Who Know What Is at Stake

Employers must comply with employment standards legislation, the employee's employment contract, and common law notice obligations. This typically includes providing written notice of termination or pay in lieu, and in some cases severance pay under the Employment Standards Act.

At common law, employees are entitled to reasonable notice, which courts determine based on factors including age, length of service, position, and availability of similar employment. Common law notice often significantly exceeds the ESA minimums. Getting employer termination advice before acting helps you understand and manage these obligations.

Yes. Employers in Ontario and British Columbia can terminate an employee without cause, provided they give proper notice or pay in lieu of notice. The amount owed depends on the employee's contract, their length of service, and applicable legislation and common law.

A well-drafted employment contract with an enforceable termination clause can limit your liability to ESA minimums. Without one, courts apply common law reasonable notice, which can be considerably higher. Achkar Law regularly advises employers on how to structure termination packages that are legally sound and cost-effective.

Termination for cause requires the employer to demonstrate serious misconduct that fundamentally breaches the employment relationship. Examples include theft, fraud, serious insubordination, repeated policy violations after warnings, or conduct that makes continued employment untenable.

The legal threshold for just cause in Ontario and B.C. is high, and courts scrutinize cause dismissals carefully. Employers who cannot substantiate the cause in court face the same wrongful dismissal exposure as a without-cause termination, plus potential additional damages. Always get employer termination advice before proceeding with a cause dismissal.

A properly drafted termination letter should clearly state that employment is being terminated, specify the effective date, outline the notice or pay in lieu being provided, address continuation of benefits where applicable, and include instructions regarding return of company property.

If you are seeking a release of claims from the employee, the letter should accompany a separate release agreement drafted for that purpose. A termination letter that is poorly worded or incomplete can create legal problems and undermine your position in a wrongful dismissal claim. Achkar Law drafts termination letters and release agreements for employers across Ontario and British Columbia.

A termination package typically includes the termination letter, details of the severance or notice being offered, a release agreement in exchange for enhanced compensation, and information about benefits continuation and other entitlements.

The amount offered in a termination package depends on the employment contract, length of service, position, and applicable legislation. Offering too little increases the likelihood of a wrongful dismissal claim. Offering significantly more than required may not be necessary. Proper employer termination advice helps you find the right balance.

Under the Ontario Employment Standards Act, a temporary layoff can become a termination if it exceeds the permitted duration (generally 13 weeks in any 20-week period, or up to 35 weeks in certain circumstances). At that point, the employee is deemed to have been terminated and severance obligations are triggered.

In British Columbia, different rules apply under the Employment Standards Act. In either province, employees may also argue constructive dismissal if they were not contractually agreed to be subject to layoff. Getting employer termination advice before implementing a layoff helps you avoid unintended termination liability.

Under the Ontario Employment Standards Act, termination pay and severance pay are two separate entitlements. Termination pay is owed to most employees upon termination without cause and is based on length of service (up to 8 weeks). Severance pay is an additional entitlement for employees with 5 or more years of service whose employer has a payroll of $2.5 million or more, or who is severing 50 or more employees in a 6-month period (up to 26 weeks).

These are minimums only. Common law reasonable notice, which is separate from and in addition to these entitlements, may require significantly more. An employer termination advice lawyer at Achkar Law can help you understand exactly what you owe in your specific situation.