Getting fired is hard. Firing someone is just as hard, even if you are unhappy with that employee’s performance. Ending an employment relationship happens for many reasons, from poor performance to fit to business restructuring. Employees leave for similar reasons – they don’t think the company is living up to its promises, they’re experiencing feelings of isolation or a new job has come up.
Ending an employment relationship does not need not be a polarizing, bipartisan, us-versus-them scenario. While some extreme situations may arise (such fraud or competing against the employer), the majority of the time both parties kinda know they should go their separate ways. Both are a bit unhappy, both are either remembering the long-ago honeymoon or having regrets about ever entering into this relationship – and both are unsure how to get out.
For many tech startups, the termination may involve a long-term friendship, a near-founder type role, or an early commitment to this relationship lasting forever.
Our experience with most employers, especially with startups, owner-operators, and small businesses, is that terminations are just as painful and emotional for the person having to trigger the termination.
5 Tips to Terminate without Tears
Here are 5 tips to terminate without tears:
- Be empathetic: Put yourself in the employee’s shoes and avoid humiliating theatre. This will help lower the employee’s temperature to accept the termination package sooner.
- Be rational: Acknowledge the range of emotions everyone is feeling, but rise above it and think about how you each will feel 3 months from now. Don’t do anything you’ll regret when the dust settles.
- Have contractual certainty: Terminations are waaaaaaaay easier if there is a reasonable, readable, enforceable termination provision the parties can rely on. Do it for your own peace of mind, as well as the math of eliminating the battle over how much notice to give. Have a termination letter and release ready to go at the termination meeting that reflects the contractual entitlements.
- Context matters: When enforcing the contract termination provisions that you hopefully have in place, contextualize those terms to the circumstances surrounding the termination. Do the original termination terms still make sense? Do you have an additional business risk to cover off? Do you have reason to not trust the employee with your digital data? You can’t go below the contract terms, but you may want to give more notice than the basic amounts in the contract to force a post-employment restriction.
- Math matters even more: As much as you may be plugging your nose to pay out a termination notice, remember that the excessive costs and polarizing results of litigation will smell worse. Usually being a bit more generous than you want to be upfront will result in better business math longterm.
If you are looking for a modern legal strategy for your terminations, get in touch.
There was a time when working away from a brick and mortar office was considered a luxury only afforded to those at the very top of the organizational structure – out of reach for anyone else. Today, all sorts of positions are advertised with a remote working option, in part due to the ever-growing desire amongst today’s workers to have options in their workplace. In an effort to reel in the best and the brightest, many employers in this new economy include remote work into their growing list of workplace perks.
Cooperative education programs have become a crucial part of the educational experience as students and institutions recognize that on the job training enhances the overall educational experience. A good co-op can ground a student’s in-class learning by introducing them to practical “real world” problems. If the placement goes well, students may be offered a job with the company or provided a positive reference in their industry! It is no wonder that students flock to this option when it is available.
Holiday parties are a great opportunity for employers to engage with their employees in a relaxed atmosphere. While it is important for everyone to enjoy themselves in the lead up to the holidays, employers should try to strike a balance between having a good time and an atmosphere reminiscent of the kind of antics you would see on NBC’s The Office. With your company holiday party just around the corner, we thought it would be an opportune time to provide you with tips on how to make it a great time for everyone.
Saving provisions are widely used in employment agreements to ensure that even if a decision-maker finds that some aspect of some clause is not enforceable due to the fact that it could possibly, maybe, one day, maybe, sorta violate the
You’ve been asked to meet with HR or People Ops. You may – or may not – be aware of what the meeting is about, but you’re a little rattled. You’re told the company will be conducting an investigation, meaning a matter is being taken seriously. You wonder whether you should go it alone, or talk to a lawyer – someone who can help you navigate an unfamiliar process. 
McDonald’s is in the news this week after their Board told their CEO,
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Canada is touted as a multicultural country and the home of many religious groups, but it is still the case that the two statutory religious holidays in Ontario – Christmas and Good Friday – belong to one faith tradition. If you are a mid to large-sized employer it is very likely that some of your staff will celebrate different holidays and make leave requests at different times of the year. As workplaces become more diverse, employers should be mindful of the Ontario
Did you make it out to the polls this Thanksgiving weekend for the advanced voting days? Not to worry if you didn’t because there is still time – the Canadian Federal Election is on Monday, October 21, 2019! Voting hours will vary depending on your time-zone but all polls will be open for a 12-hour stretch.