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Discussing firing and termination within the employment contract can benefit both parties. For one, it can help to limit the costly severance requirements that an employer might have to pay out in the event of a termination, and two, it can help to expand the employee’s obligations to the employer (WeirFoulds, 2011). Under the implied terms, if an employer wishes to terminate an employee without cause, they must either give the employee reasonable notice, or severance payments. However the amount of these payments as per the implied terms of common law are usually much larger than what is required by employment standards, so it is in the employer’s interest to lay out these terms from the start (WeirFoulds, 2011). In addition to this, the notice periods required within common law are also much longer than listed in the employment standards, so it is again in the employer’s best interests to discuss these terms ahead of time, as it is undesirable to have an employee working following a termination (WeirFoulds, 2011). If an employer wishes to terminate an employee with cause, it becomes much easier if what counts as “cause” has been previously laid out in the employment contract. For instance, if cause constitutes violating a company code of conduct, then the employer can include this information with the contract, expanding the terms with which the employee must comply. All employees and employers should create detailed employment agreements upon beginning a relationship. If such an agreement is lacking, it can result in uncertainty for both parties, with potentially costly results. [“Write my essay for me?” Get help here.]
In drafting the firing and termination provisions for an employment contract, the employer should be concerned about meeting the requirements required by the Employment Standards Act and avoiding instances of wrongful dismissal or bad faith charges, should a firing or termination occur (WeirFoulds, 2011). When firing an employee without cause, reasonable notice must be supplied, as per the Employment Standards Act. If notice is not given, then severance pay must be given in lieu of notice, which should cover the wages that the employee would have made, in addition to payments for vacation time, and medical and dental coverage (WeirFoulds, 2011). If an employer breaches these requirements, they may be subject to legal action from the employee. For terminating employees with cause, the employers must ensure that the reasons for possible termination are clearly laid out in the contract. In doing this, the employers can avoid any possible wrongful dismissal law suits claimed by the employee. Further, the employers must ensure to never be misleading, dishonest, or insensitive within their contract or during termination, in order to avoid any bad faith damages that might be claimed by the employee (WeirFoulds, 2011). Employers should be alert to all legal variables in drafting the firing and termination causes of an employment contract, to avoid possible law suits or legal action in the future.
When an employee is initially hired and their employment contracts have been signed, they are usually filed away and not looked at again until required. [Need an essay writing service? Find help here] If these documents sit for a long time, and during this time the employee has started a new position or gained new responsibilities, then courts may find that these previous employment agreements are no longer valid (Krupat, 2016). In this case, the courts might find that the written agreement may have been replaced by a new oral agreement when the new responsibilities were given out, so the previously agreed upon contract would no longer apply (Krupat, 2016). To combat this, employers should ensure that their employment contracts are reviewed regularly to make sure that all terms are still relevant to their employees’ positions and responsibilities.[Click Essay Writer to order your essay]
References
Krupat, K. (2016). Employment Contracts.
WeirFoulds. (2011, September). An Overview of Employment Law.
