Chris Forguson Employment Law
Employment Termination Checklist
Many times a job dismissal is like a bolt of lightening out of the blue. You are asked to an unscheduled meeting, typically on a Friday afternoon. You walk in the door and there’s the HR person you haven’t seen since the day you were hired. . . .
Other times, you can see the writing on the wall.
In either event, once you are escorted out of the office, you will likely lose access to all of the documents and information you had stored on your office computer or office e-mail account. Here’s what to do if you see a dismissal coming your way or just to be prepared for that bolt from the blue:
- Make copies of any documents that you might need post-termination:
- In today’s lifestyle of electronic payments and email, many people don’t have hard copies of important documents like T4s, paystubs that show prior pay and bonuses, electronic copies of employment contracts or offer letters. These are yours but your access to your company email will likely be cut off immediately upon termination so forward these to a personal email account;
- Most copying, either electronic or paper, can be traced so don’t copy anything that is not “yours”;
- Don’t copy or take copies of anything that could be considered confidential to your employer or other employees.
- Don’t do anything stupid. This sounds easy but termination of employment is often a very traumatic event, which can bring shock and anger. Keep your cool. You will have time to get advice and determine the best course of action once the shock wears off. But in the meantime . . .
- Don’t sign anything. You are not required to sign anything upon termination of employment. Your employer must pay you your Employment Standards Act (“ESA”) severance unless they are alleging cause for dismissal and your employer cannot demand a Release before paying your ESA severance.
- Don’t get mad - get advice! Particularly if you are a long service employee. You are likely entitled to more than ESA severance, sometimes much more. Make an appointment with a lawyer that practices employment law frequently. Learn what your rights and options are. Most severance consultations take an hour or less.
- Get your documents in order – an employment lawyer will want to see any employment contract you signed, any documents relating to a cause allegation and documents evidencing your pay and benefits including bonuses.