Firing an employee can be one of the most awkward and mentally challenging duties an HR leader has to perform
Firing an employee can be one of the most awkward and mentally challenging duties an HR leader has to perform. And, whilst it’s important to keep a clear head during the process, it’s also essential that you remember to empathize with the employee on the other side of the table.
So, how much do you actually know about the legalese of termination? And what legal pitfalls may arise if you’ve fired a worker without doing your due diligence? Fear not – HRD Canada is hosting an informative and engaging webinar on this key topic. ‘You’re fired! The legal issues’, hosted by Natalie C. MacDonald, owner and founder of MacDonald & Associates, will provide a legal crash course and overview on how to fire a worker without getting yourself into any trouble.
The legal jargon behind terminations can seem daunting to HR practitioners, with questions being raised around offenses, disciplinaries and conduct outside of the workplace. We recently spoke to Ryan Watkins of Whitten & Lublin, who revealed if and when an employer can terminate an employment contract for an employee’s actions outside of the office.
He explained that an employer can dismiss an employee for almost any reason or no specific reason at all – however, they cannot dismiss a worker for discriminatory reasons.
“Human rights legislation across Canada protects employees from being discriminated against based on human rights grounds,” he told us. “So, the short answer is yes, an employee can be fired for something they did outside of work on a without cause basis. The employer would only be required to provide the employee with sufficient notice or pay in lieu of notice.”
But what exactly are the biggest mistakes made by employers when they fire their staff? Well, according to Jacqueline English, HR practitioner and consultant, she believes they begin with going in solo.
“There is the safety perspective, so that in itself is rationale to not go it alone, but it’s also about protecting yourself from a potential ‘he said/she said’ situation,” English added. “I always recommend the manager deliver the short message and then quickly turn it over to the HR person to finish off the meeting.”
Following this, she stresses that the manager in charge does the talking – rather than relying on an outside source. However, the most prominent and frequent error HR leaders make when terminating an employee is to simply forget that they’re speaking to an individual – not a statistic.
To ensure you’re fully briefed on these legal and ethical pitfalls in firing an employee, sign up for our upcoming webinar with Natalie.