What should I do at a termination meeting?
How to properly navigate a termination meeting in Canada
For most people, getting fired will be an extremely difficult and uncertain period of time in their life. This is particularly true if the termination was unexpected. Our country’s highest court has referred to terminations as the “capital punishment” of employment law. It recognizes that “the point at which the employment relationship ruptures is the time when the employee is most vulnerable.”
This article will provide some guidance on termination meetings, and make recommendations as to what employees should do (and should not do) during the meeting. This information applies to individuals working in Ontario, Alberta or British Columbia, Canada.
WATCH: Employment Lawyer Lior Samfiru explains what you should do when you are let go from your job, on an episode of the Employment Law Show.
Establish the type of termination
First, employees should be aware that there are two types of terminations in Canada: “just cause” and “without cause”. During the termination meeting, you will likely find out which one your employer is applying.
A termination for cause simply means that the employer is taking the legal position that the termination was due to the fact that the employee did something wrong. This could include some form of misconduct, or even performance issues. If an employer can prove just cause, then the employee is not entitled to any severance pay. If the company does not claim just cause, then the termination is “without cause”. In this case, severance pay must be provided.
Keep in mind that even if the company alleges just cause during the termination meeting, a court may disagree. A court may ultimately find that there was no just cause for termination. No matter what happens, arguing with the employer during the meeting will not change their mind. Employees should listen carefully to what is being said and make notes of what was said immediately after the meeting. These notes could be invaluable if you decide to make a claim against your former employer.
What if the termination is discriminatory?
There are some situations where it may be advisable to record the termination meeting. For example, if you suspect the employer is terminating you for discriminatory reasons, in violation of the Human Rights Code (for example, due to your poor health), recording what is said during the termination meeting may provide strong evidence of discrimination. Although not always advisable, it is not illegal for an employee to secretly record the termination meeting.
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Is it legal to record conversations at work?
During the termination meeting
At this point, employees are oftentimes handed some paperwork. The paperwork could include a termination letter, brochures for outplacement support, details on your benefits/pension, and a severance package. It is strongly recommended that you do not sign any paperwork that is handed to you on the day of termination. Otherwise, you could be waiving your legal right to full severance. Don’t sign away your opportunity to negotiate an enhanced severance package. Instead, you should respectfully advise the company that you need time to process the termination.
Use the Severance Pay Calculator and seek legal advice before signing anything. Employees should rest assured they are not legally obligated to sign anything after the termination. Your employer certainly cannot force you to sign anything either.
An Employer’s Obligations
Employees should also be aware that employers have legal obligations upon terminating the employment relationship and they must abide by these obligations regardless of whether you sign anything. Examples of those requirements include:
Ontario
- An employer must issue a Record of Employment within five calendar days of the termination.
- Termination pay in lieu of notice must be paid no later than seven days after the employee is terminated, or no later than the day that would be employee’s next pay day, whichever is the latest.
- Severance pay must also be paid in the same timeframe as termination pay, unless the employer and employee both agree that the employer will pay the severance pay in instalments, lasting no longer than three years.
- All other wages owed, which includes vacation pay, general holiday pay, overtime pay, and any other owed compensation, must be paid no later than seven days after the termination has occurred, or the day that would have been the terminated employee’s next pay, whichever is the latest.
- More on Severance Pay in Ontario
British Columbia
- An employer must issue a Record of Employment within five calendar days of the termination.
- In the case of a without cause termination, an employer must provide the minimum termination pay required under the B.C. Employment Standards Act (“ESA”) within 48 hours of the termination. Depending on your length of service, the amount of termination pay could be as much as 8 weeks’ pay. Note that these are the minimum amounts – most employees are legally entitled to more (oftentimes significantly more) than the minimums prescribed by the ESA.
- An employer must pay all outstanding wages owed within 48 hours of termination, which includes any unused vacation pay, B.C. overtime pay or any earned commission pay.
- More on Severance Pay in B.C.
Alberta
- An employer must issue a Record of Employment within five calendar days of the termination.
- When an employee is terminated, the employer must pay the employee’s earnings (including all wages, overtime pay, vacation pay, general holiday pay, and termination pay) within either: 10 consecutive days after the end of the pay period in which the termination occurred, or 31 consecutive days after the last day of employment.
- More on Severance Pay in Alberta
After the termination meeting
If your employment has been terminated, or if you expect that you may soon have to attend a termination meeting, consult with an experienced employment lawyer at Samfiru Tumarkin LLP. As Canada’s most positively reviewed employment law firm, we can assess your situation and determine the best way forward.
About the Author
Lior Samfiru
Lior Samfiru is a Founding Partner at Samfiru Tumarkin LLP and the Practice Leader of the firm’s Labour & Employment Law Group. Known for his advocacy and success representing both employees and employers, Lior exclusively serves clients in Ontario, where his extensive experience has made him one of Canada’s most sought-after employment lawyers.
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