As most employer liability is from the termination of the employment relationship it is important to seek legal advice prior to terminating employment.
A few tips provided by legal council may include:
If for cause, ensure that you can prove your case and consider whether it makes sense to risk a law suit.
If without cause, where you have an enforceable termination clause, consider offering the employee an amount over and above the contractual entitlement in exchange for a full and final release.
Where you have an enforceable employment contract, obtain legal advice in connection with the company's liability exposure for notice/pay in lieu and / or severance pay (both under applicable employment standards and at common law).
A termination letter and severance offer should be clearly and carefully worded.
Contact your legal council or ask us for a referral. We would like to ensure you have all the information you need prior to making this decision.
Outplacement support for exiting employees can help to mitigate damages.
Please call to discuss further.