Employee rights if fired due to bad performance

Interview Summary

As the new year begins and many employees set goals for the year ahead, some will be facing performance reviews and plans implemented by their employers. What can employees do if they feel criticism has been unfair or inaccurate? Can a bad performance review lead to termination?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined CTV News Ottawa to answer these questions and more on employee rights.

Interview Notes

• Accepting a bad performance review: Employees do not have to accept criticism or a performance review if it is based on inaccuracies. Employees who believe an assessment is unfair should explain their disagreement in writing.
• Performance improvement plans: Unlike a sole criticism or review, a performance improvement plan is a formal process typically implemented by an employer. An improvement plan is used as a tool to document specific criteria an employee should be meeting or risks facing further discipline or termination.
• Fired due to performance: Employees that are terminated as a result of performance or productivity concerns would usually be entitled to severance pay. Severance would be based on the years of service of the employee, their age, and their position. It is very difficult for employers to terminate an employee for cause as a result of performance issues.