This is a thoughtful and important question, and you’re right to want to approach it carefully. Here’s how to look at the situation from an HR and legal perspective:

Can You Issue the Employment Letter?
Yes, HR can and generally should provide a truthful and factual employment verification letter, even if the employee is scheduled for termination next month—as long as the employee is still actively employed at the time of the request.

It is common and appropriate to provide such letters for immigration or NOC (National Occupational Classification) purposes, and doing so does not, in and of itself, create risk of a wrongful dismissal claim.

Important Considerations for the Letter Content:
To avoid creating any misunderstanding or liability, the letter should be:

Factual and current: State the employee is currently employed as of the date of the letter.

Avoid guarantees: Do not include any language that implies long-term or ongoing employment.

Neutral tone: Stick to basic facts like:

Job title

Salary or hourly wage (if appropriate)

A simple statement like: “As of the date of this letter, [Employee Name] is employed with [Company Name] in the position of [Job Title] since [Start Date].”

What to Avoid:
Do not include a future date of employment unless you’re able to state that the position is expected to continue (which wouldn’t be accurate in this case).

Avoid stating anything that could be construed as a promise of continued employment.

Providing this letter does not increase the risk of a wrongful dismissal claim, assuming:

The termination is truly due to economic uncertainty (and not discriminatory or retaliatory).

The employee will be given proper notice or severance under employment standards or their contract (if applicable).

The letter is accurate and does not misrepresent the employee’s status or prospects.

At the end of the day, to ensure full compliance I always suggest consulting with an employment law professional. You can also read about some wrongful dismissal cases that went to trial, who won, and where the employer went wrong to ensure you avoid making the same mistakes. Always keep transparency and empathy front of mind during these trying times, best of luck.

-HRInsider Staff