Ok I need some advice here.
If you need to fire a person (Not that kind of fire Pir Sahib!!!
http://www3.pak.org/gupshup/smile.gif
), whats the most appropriate way to do it?
And what should be the appropriate lenght of notice that you need to give the person if any at all, assuming the contract says people can be let go anytime without reason.
and how does this vary from company to company.
Depending on your terms with the person. I always felt that if it was due to performance and the person had gone through the usual process of the series of verbal and written warnings, then you owe the person nothing and should get them out asap when the firing decision has been made.
This factor is extremely important if you feel that the person can be vengeful and can cause problems e.g. messing up records and stuff or taking off with proprietary information or confidential documents.
In some cases people are allowed to work until the end of the pay period.
If the person is being let go due to redundancy of work or change in corp situations, usually companies have some sort of severance package which should be offered.
I believe that in either cases, you should get that person out even if you pay him severance. Reason #1, your group will be better able to adjust to the change and this departure will not be a hanging sword. From a person's perspective it gets them started on their new job hunt quicker.
Its a tough meeting, for both parties, open, honest and candid communication should not be overlooked.
depending on where you are…
you might be bound to legislation which requires a “minimum” that you must do..
if the person being let go..is part of a union then…there is also a discipline process..cetain steps (like fraudia was saying)..finally going to binding arbitration if the employee grieves…ususally if u fire a person off the bat… and another penalty could have been more appropriate (assuming this went to arb)..the termination would be mitigated and the grievance would have suceeded…of course depending the situation, collective agreement.
however,
but for non-unionized employees the minimum that would be applied would covered under the employment standards act.
this would be an example of a typical guideline for termination
What is “termination of employment”?
Termination of employment is when an employee stops working for an employer.
There are other words that mean the same as termination: “being let go”, “discharged”, “dismissed” or “fired”.
Can an employer terminate an employee?
Yes, under the Employment Standards Act an employer can terminate an employee at any time. But the Act says an employer must give an employee proper notice of termination, or termination pay instead (“in lieu”) of notice.
Do employers have to follow rules about termination?
Under the Employment Standards Act, there are no specific rules or steps that employers have to follow, except for giving proper notice.
If an employee is represented by a union, the collective agreement may have special rules on how termination should be done.
How much “notice” of termination should an employee get?
It depends on how long an employee has been working for the employer:
How long with employer Notice period or Termination pay
Less than 3 months: 0
3 months, but under 1 year: 1 week
1 year, but under 3 years: 2 weeks
3 years, but under 4 years: 3 weeks
4 years, but under 5 years: 4 weeks
5 years, but under 6 years: 5 weeks
6 years, but under 7 years: 6 weeks
7 years, but under 8 years: 7 weeks
8 years or more: 8 weeks
What should an employee get if his or her work is terminated?
The Employment Standards Act says an employee should get:
Proper written notice of termination:
An employee who has worked three months or more for an employer, is entitled to written notice that states when the job will end.
Vacation Pay:
An employee, even if he or she has only worked for an employer one day, or less, may be entitled to get at least four per cent (4%) of his or her total wages as vacation pay.
“Total wages” is all the money an employee was paid by an employer during the past 12 months. It includes overtime, but it does not include:
last year’s vacation pay;
tips;
bonuses that are not related to the employee’s hours of work, productivity or efficiency (for example, a Christmas bonus that an employer decides to give an employee is not included in total wages);
expenses or travel allowances;
money an employer pays to a benefit or pension plan on an employee’s behalf.
This rule on vacation pay applies to full-time, part-time and student employees.
For more information, please see the Fact Sheet “Vacation Pay & Vacation with Pay”, or contact the nearest Ministry of Labour office.
What if an employee doesn’t get written notice?
If an employee doesn’t get written notice, then the employee should get termination pay instead. This is sometimes called “pay-in-lieu of notice” or “lieu pay”. Termination pay is the pay and benefits that cover the period of notice that the employer was supposed to give the employee.
For example, an employee who has worked four years for an employer is entitled to get four (4) weeks’ written notice. If the employee doesn’t get four weeks’ notice, he or she should be paid four weeks’ pay and benefits by the employer instead.
What happens after an employee gets written notice?
When an employee gets written notice, he or she must continue to work during the notice period.
During this time, the employer must pay the employee his or her regular wages and any benefits that are normally paid to the employee and for the employee.
When an employee gets proper written notice he or she does not get termination pay.
Do all employees get notice of termination or termination pay?
No, not all employees get notice of termination or termination pay. An employer does not have to give notice if the employee:
is hired for a specific task or job that was going to last for 12 months or less;
is fired for wilful misconduct, disobedience or wilful neglect of duty that was not condoned by the employer;
is doing construction work on site;
has reached retirement age (as established by company practice);
has refused reasonable alternative work with his or her employer;
has refused work available through a seniority system;
does not come back from a layoff within a reasonable time when asked by his or her employer;
is free to decide when he or she wants to work, and can turn down work when it is offered. For example, an “on call” employee who works by assignment;
is terminated during, or as the result of, a strike or lockout at an employee’s place of work.
If an unexpected event–such as a fire or flood–makes it impossible for an employer to keep an employee employed, the employer does not have to give the employee notice or termination pay.
Note: “unexpected event” does not include bankruptcy or insolvency. If an employer goes out of business suddenly and an employee is owed vacation pay or other money, the employee should contact the nearest Ministry of Labour office.
What if an employee is laid off instead of terminated?
The employer does not have to give written notice or other advance warning if the layoff is short-term or temporary. Nor is there a requirement to tell employees why they are being laid off.
Employers are required to give employees a recall date in order for the layoff to be considered temporary. If a recall to work date is not given to the employee at the time of layoff the employee is considered to have been terminated. This means that termination pay is due and owing to the employee seven days after the employee’s last day of work.
Sorry for the long post.
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so it would depend where you are from..this guideline is from Ontario…
[This message has been edited by ~Amber~ (edited July 07, 2000).]
Thanks for the suggestions:...
the work been done is on a voluntary basis for a charitable cause. its not paid work and no legislation requirements. In such a case i am curious to know if the person should just be taken off immediately (as in a consulting company, without any notification) or is there some sort of notice that should be provided?
just a small question for Amber
Did you really write that all up? and
Were you expecting other person to read all that?
No harsh feelings I am just a bit curious thats all
hmcq
if legislative requirements are not there and there is no monetary issues then you really have to evaluate the person vs the entire cause.
What i mean is sure that the news that someone is being let go can be tough but the person has to eventually face them. On the other hand, as far as the cause, is it better for them to have this departure lingering or to be done and over with it and move forward.
I guess different circumstances require different levels of handholding through the process but in most cases people are mature enough to be able to handle these news, and since its a non paying thing, it does not affect their life to a level if a paycheck was taken away.
The factors to consider would be the level of sensitivity of the person asked to be the hangman and the level of sensitivity of the person getting the axe.
no harsh feelings taken… btw: some i wrote some is from where i work… btw: it makes no difference to me wether someone reads it or not…their choice… the info is there, to do what you want with it…read it, disregard..ignore it…whatever.
Hmmm very interesting responses all of you..
Thanks