The Importance of Implementing Effective Termination Procedures for Employers
Ending an employment relationship is a significant decision that must be handled with care and legal precision. Employers who fail to follow proper procedures risk legal claims, workplace disruption, and reputational damage. At Linley Welwood, we understand how challenging and sensitive these situations can be, not just legally but also personally and professionally. That is why we have put together some information highlighting the importance of implementing effective termination procedures for employers in British Columbia.
Learn all about termination without cause.
Why Should Employers Have Clear Termination Procedures?
Termination procedures are more than administrative steps; they help ensure compliance with employment laws, reduce liability, and promote respectful workplace practices. A clear and lawful process also provides consistency when dealing with different types of terminations.
The Employer’s Duty of Progressive Discipline
One of the most important parts of managing employee performance is following a progressive discipline process. Employers in British Columbia are generally expected to take fair and measured steps before considering termination for cause. Progressive discipline involves providing clear feedback, warnings, and opportunities for improvement when issues arise. Skipping this process may weaken the employer’s legal position if the termination is challenged.
Examples of progressive discipline may include:
- Verbal Warnings: A documented conversation to address minor misconduct or performance issues.
- Written Warnings: A formal notice that outlines the problem, expected improvements, and consequences if the issue continues.
- Suspension or Final Warning: A final step before termination, allowing the employee one last chance to correct their behaviour.
Failure to follow progressive discipline, especially in dismissals for cause, may lead to wrongful dismissal claims. Courts may consider whether the employee was given a reasonable chance to improve or if the termination was handled too hastily, highlighting the importance of properly handling employee termination in accordance with best practices.
Understanding Legal Requirements for Termination
Under the Employment Standards Act of British Columbia, employers are required to provide notice or pay in lieu of notice based on the employee’s length of service; however, this is just the legal minimum. Common law obligations may require employers to provide additional compensation, depending on factors such as the employee’s age, role, and length of employment.
Maintain Clear Records Throughout the Process
Employers should maintain detailed documentation throughout the employment relationship, especially if concerns have arisen. This includes:
- Records of disciplinary actions
- Notes from performance reviews
- Copies of written warnings
- Final termination notices
Well-documented files provide important evidence if a claim is brought against the employer. They also support transparency and fairness in the decision-making process.
Communicate Respectfully and Confidentially
The termination process should always be conducted respectfully. Meetings should be held in private, with a clear explanation of the decision and a witness present when possible. Employers must provide written notice or severance in accordance with legal requirements and treat the employee with dignity throughout the process.
At Linley Welwood, we support businesses in developing lawful and effective termination procedures that reduce risk and promote workplace integrity. Contact us today to speak with one of our experienced lawyers about managing terminations in British Columbia.
