HR and terminating for or without cause

Most HR professionals find employee dismissal difficult, regardless of the reason of the dismissal. However, when a dismissal is necessary HR professionals should examine each case carefully to determine whether to terminate for or without cause.

Key points to remember:

• in termination for cause, you must ensure that enough groundwork has been laid. (ie. the employee has been specifically advised, in writing, of the consequences he or she would face if they did not change their behavior)
• termination without cause is possible for any reason that is not discriminatory
  

Key Terms
This week’s HR terminology includes:

Termination with cause: occurs when an employee is dismissed for a serious reason related to the employee's conduct.

Termination without cause: employee is being terminated for reasons that are not related to misconduct and notice of the termination and possibly severance pay is required as outlined in the employment/labour standards.

Notice: amount of time between informing an employee in writing that s/he will be terminated and the date upon which the termination will take effect.

Payment in lieu of notice: an employer may choose to have the termination take effect immediately, and pay the employee for the weeks of notice required by the legislation or as agreed to in the employment contract.