Termination & Severance

The employment relationship can be complex and challenging to manage. Employers may need to terminate staff for various reasons, and it’s crucial to handle these situations carefully to minimize legal risk. At Rodney Employment Law, we help employers navigate terminations, restructurings, and constructive dismissal claims efficiently and effectively. Our team ensures that employment decisions are managed properly, protecting your business from unnecessary exposure. If you’re considering staff terminations, contact us today to discuss your options and ensure compliance with your legal obligations.

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Termination Support

Following proper termination protocol is important. For example, employers should always prepare and practice a termination letter, script and logistics of the termination meeting. Employers should not veer off course and keep termination meetings brief. If not done properly, terminations can be costly for employers. When employers are informed of the risks involved and seek proper legal advice they can minimize the risks involved. It is critical to have a comprehensive termination plan and we always recommend that employers act in good faith and part ways respectfully, professionally while maintaining an employee’s dignity. 

Constructive Dismissal

We can assist Employers to mitigate their risk against a potential constructive dismissal complaint under the Employment Standards Act (“ESA”) or under common law. A Constructive Dismissal occurs when an employer makes a unilateral change to the fundamental terms of an employee’s contract of employment and the employee does not agree to the changes and/or decides to leave his or her job. Employers can take pro-active steps to protect themselves from Constructive Dismissal cases and it is prudent to obtain advice before implementing any changes to help ensure smooth transitions and minimize and potential risks. 

Wrongful Dismissal

Wrongful dismissals occur when an employer does not provide sufficient notice of termination to an employee, or a reasonable payment in lieu of notice. In the absence of having a valid and enforceable Employment Agreement, the amount of notice an employee is entitled to can vary greatly depending on a number of different factors such as your age, length of service, or your position and availability of finding similar employment. Employees that are dismissed may initiate wrongful dismissal claims and can also seek additional damages against their Employers. It is recommended to speak to an employment lawyer to try to settle any disputes to minimize the risks involved for any potential claims.

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