termination process and procedures - power point

Termination

Created by Laura McFarland January 2014

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Human Resources Management

Insights

Topics

Types of Termination

Types of Termination – continues

Termination Policy overview

Why do a Termination

Termination with Cause

Termination without Cause

Termination without Cause –continues

When to do a Termination

Releasing Job Records


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Types of Terminations:


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Types of Terminations:

Examples:


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Involuntary Termination

Voluntary Termination

Fired

Quit

Laid Off Retired

Job Elimination

Termination Policy Overview

Termination Policy Overview

Federal Law requires employers to provide a final paycheck, including all pay due, within 6 days for:

Employees who quit without notice period

Employees who resign without notice period

Federal Law requires employers to provide a final paycheck, including all pay due, within 48 days for:

Employees who involuntary are terminated

Employees who are laid off due to business hardship


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Why proper Termination helps : Timely administration of a termination ensures:

Compliance with federal and provincial laws which requires furnishing a final check

Correct reporting of headcount on government filings

Accurate records of employee standard work hours , which is especially important for paternity leave employees who may have work hour restrictions

Prevention of overpayments to employees who are no longer working for CTR Ventures Ltd.

Timely provision of benefits enrollment information to employees moving from a contingent position to a benefits-eligible position


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Termination With Cause Employer can terminate employment for

cause, where employee’s conduct is inconsistent with the continuation of the employment relationship.

Can only happen when the employee is guilty of repeated and very serious misconduct.

Employer has an obligation to take other lesser forms of discipline before resorting to termination.

One incident of misconduct is almost never enough.

If employer establishes cause, no requirement to pay severance.

In reality, very difficult to establish cause, and employer may be liable for damages for bad faith.


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Termination Without Cause Can happen at any time, for any reason

Performance is irrelevant

Seniority is irrelevant

No termination as a result of a discriminatory ground (for example, no termination without cause because employee was absent due to an illness)

Employer must provide reasonable notice or pay in lieu thereof

Starting point: employment contract

No contract: probably good news for employee

Must determine what reasonable notice is for each employee


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Termination Without Cause (contd.)

Notice is based on employee's age, length of employment, nature of position

Was employee induced to leave secure employment? Notice goes up.

Employer may decide to give working notice

If no working notice, must be put in the same financial position as if given working notice.

Payment can be made as lump sum or as salary continuation.

Package must include everything: salary, bonus, commissions, benefits, stock options, vacation pay.

Important: employee has duty to mitigate


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When to Do a Termination The termination process is used for:

All employees separating from on-going

or fixed-term employment

Intern or Practicum students hourly

workers who have ended employment

Layoffs

Retirements

Employees moving from one Employment

to alternative Employment(final check

needed for vacation payout)


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Releasing the Job Record

If you are unable to determine whom to

contact in the previous department to

get a job record released, Include:

Name of Employee,

Effective Date of Hire (release of job

record must be on or prior to the Effective

Date of the Hire)


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Thank you for participating


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termination process and procedures - power point

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