Do it yourself employment law is never a great idea and yet, almost daily we’re introduced to businesses who did try it to go alone, only to now need our help with a lawsuit, a Human Rights Complaint or an Employment Standards investigation.
I get it. Lawyers can be expensive and if you’re running a business in a tough economy, doing as much as you can on your own is key. Of course, that ignores the fact that litigation is far more expensive that the “boring desk work” side of law, you know, the kind that helps you avoid litigation and you can actually budget for.
One of the areas non-lawyers often get into trouble with is terminations during the probationary period. The probationary period can be as little as three months or longer as set out in the employment agreement.
If you want to terminate an employee during their probationary period, you must:
(a) make a good faith determination that the employee is unsuitable for permanent employment; and
(b) give the probationary employee a fair and reasonable opportunity to demonstrate their suitability for the role.
When providing a termination letter to the employee you want to be certain you’ve indicated items a and b are part of the wording. Now, terminating during the probationary period doesn’t always mean you don’t have to pay money and benefits in lieu of notice. That depends on facts and employment agreements.
Sound complicated? It is and that’s why you should reach out to a lawyer before terminating.
Inga B. Andriessen, Senior Lawyer