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Termination of Employment

When You Have to Discipline or Terminate an Employee

Despite best intentions, any number of things can happen that cause the employment relationship to end. 

Employment can end under a variety of circumstances:

  • resignation, when an employee initiates an end to the employment relationship
  • retirement, when an employee initiates an end to employment; or in some cases, where retirement is required as a term of contract
  • termination for just cause, when an employer declares that the employee has breached the employment contract and the relationship cannot continue
  • termination without cause, when an employer determines the employment relationship must end without fault of the employee
  • constructive dismissal, when an employee declares that the employer has breached the employment contract
  • frustration of contract, when the employment relationship is prevented from continuing due to unforeseen external factors

Termination Process

Ensuring clear communication is key to avoiding disputes surrounding the termination of an employee’s employment.  Beyond clear communication, employers also need to ensure they are meeting their legal obligations to pay amounts owing and issue Records of Employment and Tax records in a timely manner.

Before resigning, retiring, or declaring frustration of contract, employees should consult with a lawyer to ensure they understand their rights and to avoid any errors that could disentitle them from benefits or payments.

Our team of employment lawyers can guide employers and employees through the termination process to ensure both employees and employers are aware of and can meet their legal obligations.

Carbert Waite LLP