Paradise Lost – Firing an Employee on Vacation

Regardless of the fact, whether an employee is dedicated to their work or not, an employer has the complete right to fire any employee. It might be noted that employers have the right to fire an employee at any point of time, with or without giving notice to them. However, this ground is not applicable for cases like if a person is terminated solely for discriminatory reasons. In this respect, labour lawyer in Toronto states that if an employee finds that they have been wrongfully terminated, they can easily file a lawsuit against the employer.

Terminating: The Painful Job

labour lawyer toronto

 

Many employers claim that terminating employees from their job is a painful task. In fact, employers need to keep in mind some legal matters, in order to avoid lawsuits and also from the reputation of the business getting affected.

 

Remaining Protected from Unlawful Claims

In case an employee feels that he/ she is a victim of discrimination, they can seek for claims. Sometimes the claims are true, sometimes they aren’t. Hence, employers need to be very careful about the termination process. In fact, if they follow certain strategies they can remain safe from the legal hassles and also from the ruckus that a terminated employee might create.

 

Steps to Be Taken

Labour lawyer in Toronto mentions that employers should take certain strategies into consideration. They are:

 

Proper Reasonlabour lawyer in toronto

An employer not liking some employee is not enough reason to terminate an employee. So having a valid reason is important or else an employer may face the accusation of discrimination.

 

Aggravated Damage

Employees owe fair dealing and good faith from their employer in regards to termination. This matter is clearly mentioned within the employment contract. In case of any breach of the policy, the court may stand in the favor of the employee and ask employer to provide punitive damage.

Labour lawyer in Toronto states that if an employee is terminated while he is on a vacation, the court can ask the employer to pay additional damage apart from their due compensation. Hence, it’s better to deal with termination fairly.

 

Working Notice

Employers won’t be able to provide a working notice to an employee who is on a vacation. According to Employment Standards Act (ESA) working notice becomes ineffective when the notice period accord with a period during the employee’s vacation. Hence, it would be better if the employer defers the notice period till the employee resumes his post. According to labour lawyer in Toronto, the alternative path is to pay the employee due compensation in place of the notice.

 

Difficulties

While terminating an employee who is on vacation can be the best way to avoid problem. However, another practical difficulty is the manner of termination process. For instance, the way in which the termination is going to be communicated to the employee. Or, the timeline which needs to be provided so they can learn about their severance package.

Hence, employers on consulting labour lawyer in Toronto will get to know the right way and time to fire employees. Terminating employee in correct manner won’t lead to protest from other workers.

 

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