(Reposted via Keyser Mason Ball, LLP – http://kmblaw.com/news62.html)
Most employers appreciate that terminations must be handled sensitively, carefully and with forethought. However, as employment counsel, we often see mistakes or missteps in the termination process by well-meaning employers. Sometimes these mistakes can be overcome with a generous separation package. In other cases, however, they can contribute to unnecessary, protracted and expensive litigation. As many of these missteps seem to repeat themselves, the following short refresher is offered on some “do’s” and “don’ts” of terminations.
DO….expect that a terminated employee will review the circumstances of the termination, and any separation package offered, with legal counsel.
Employers often tell us that a particular employee is not the type to challenge the fairness of a separation package, start a legal action, pay for litigation, etc. The fact is that employers should draft termination letters and prepare separation packages expecting that any terminated employee will seek the advice of legal counsel. Much has changed over the last two decades. In part, as the result of media focus, employees are now keenly aware that they have rights related to their employment, even if they do not always have a clear understanding of the nature and extent of these rights (see “privacy”). More importantly, access to legal counsel has never been easier. The Internet means that any employee can quickly find lawyers in their area who practice employment law. In turn, the Law Society of Upper Canada has now formalized rules allowing lawyers to negotiate contingency fee arrangements with clients, making litigation more affordable. » Read the rest of the entry..
