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Don’t Get Caught Up in Legal & Financial Liabilities With Terminations & Layoffs
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RELATED MATERIALS
Just Cause Terminations
Employers have a very high bar to meet when terminating for “just cause”. This has left employers asking the question: “Can employers ever successfully terminate for cause?” This webinar will demonstrate that just cause terminations are defendable when an employer has implemented appropriate processes and strategies.
Click here to watch the recorded webinar.
How Do You Know If It Is Constructive Dismissal?
Constructive dismissal occurs where the employer demonstrates an intention to no longer be bound to the employment contract. Since the employee has not been formally dismissed by the employer, the employer’s act is referred to as “constructive dismissal”. This most commonly happens when an employer unilaterally reduces an employee’s pay or benefits or reassigns work duties to such an extent that the essential nature of the employee’s position is altered. This presentation will provide an overview of when constructive dismissal arises, what remedies are available to an employee who has been constructively dismissed, and what an employer can do to reduce liability in these situations. Examples of specific employer behavior that may amount to constructive dismissal will also be highlighted.
Watch the recorded webinar here.
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In the past few month’s the Tech sector has been hit with massive layoffs. One doesn’t have to go far to catch a story about Fortune 100 organizations laying off tens of thousands of employees in the United States, but those layoffs are starting to drift north of the border as well. As we transition into what is surely a recession, you might be forced to start making some difficult headcount decisions yourselves.
However, unlike the US, Canadian regulations play a much heavier role in determining what you can and cannot do in layoff and termination situations. What’s worse, non-compliance can be very costly, sometimes erasing all cost-saving measures to begin with.
Are you confident in what you can and cannot do?
Do you know when a temporary layoff becomes a termination and how that can impact your financial liability at a time you may not be able to absorb the costs?
Terminations and layoffs are never easy decisions to make, but if done poorly, not only can it be incredibly expensive, it can destroy your culture, productivity, and brand reputation – you need only look at Twitter as an example.
In This Report, You Will Find:
- How to be Compliant With Temporary Layoffs
Workforce reductions aren’t just heartbreaking but expensive. The silver lining is that structuring layoffs as temporary can be much easier on both your emotions and your budget. Temporary layoffs enable you to maintain ties with key employees and avoid or at least delay notice and other termination payments. Here’s what HR directors must do to ensure that temporary layoff arrangements are legally sound.
- Alternatives to Temporary Layoffs
Temporary layoffs may be an economically viable way to manage workplace slowdowns. Some organizations, with the honest intention of bringing employees back to work will use temporary layoffs as a way to save money while signalling to employees an intention to bring them back to work. Human capital is usually your biggest expense but also your most valuable resource as such anything that impacts your relationship with your employees should be carefully considered.
- Minimizing the Impact of Layoffs on Your Culture
Michael Comer, consulting partner for The Hayes Group International, which has worked with more than 1,500 companies in over 30 years, says it’s surprising how often senior management doesn’t think through the process. Layoffs leave behind survivors, Comer explains, and there is literally a grieving period for people. “It can take up to a year for people to recover,” he says.
- How to Comply with Group Termination Requirements
The first thing you need to be able to do is recognize when the restructuring you do and the pink slips you hand out constitute group terminations under the law. But that’s not as simple as it sounds, especially if you operate in more than one part of Canada. Thus, while all but one jurisdiction (PEI) imposes special rules for group termination, they all have slightly different definitions of group termination. To sort it all out, there are no fewer than 5 factors to consider.