WHAT TO DO (AND NOT TO DO) IF YOU'RE FIRED

Whatever you choose to call it - 'discharged', 'dismissed', 'terminated', 'canned', or 'shown the door' - being fired is a highly emotional experience. But it's also one where you need to know your rights, as well as those of your employer. 

No matter what you feel about the company or the dismissal at the time, do not make any derogatory comments, whether written or verbal. In the worst-case scenario, you could be charged with slander or libel. At the very least, if the dismissal is not performance-based, you will be destroying any possibility to use the organization as a reference. 

Remember that all supplies provided to you by the company must be returned on your departure. This also includes confidential company information. Many times there will be a clause in your contract outlining what information the company considers confidential. Even if you do not have clear guidelines, it's better to err on the side of caution.

If your employer has prepared a resignation letter or final release document, remember that you are not obligated to sign anything at the time of the dismissal. Politely inform them that you would like to look over the document. This will ensure you don't lock yourself into a less than favourable severance package.

If asked to engage in a formal exit interview, diplomacy, and leaving with as much grace, tact and dignity as possible, is usually the best route. This is especially true if you hope to use the organization as a reference. 
However, if you feel there are major structural problems within the company, an employer may appreciate you opening up and helping them understand an employee's perspective. Nevertheless, this should also be done judiciously. 

You can empower yourself as to your basic rights by consulting the Employment Standards Act. The Act can be accessed online at http://www.gov.on.ca/LAB/es/introe.htm#intro.  But keep in mind that it only outlines minimum standards, and in many cases you will be entitled to more. For most mid to upper management positions it's better to hire a lawyer familiar with employment law to help you through the termination process. 

There are many reasons an employer may legally fire an employee apart from poor performance; for example, a company restructuring or downsizing. However, employers are required to provide proper notice of termination or pay "in lieu" of notice. Notice can range from:

• zero weeks notice or severance pay for an employee who has been with the company less than three months
• two weeks notice or severance pay for an employee who has been with the company for more than one year, but less than three
• eight weeks notice or severance pay for an employee who has been with the company for more than eight years.

If the employer chooses to pay severance, the amount an individual is entitled to depends on their level in the organization. Secretarial, administrative and clerical jobs may only command weeks for years of service. But at mid to upper management levels the rule is one month for every year of service to a maximum of 24 months.

In cases where "just cause" exists, no notice or severance is required. Some examples of "just cause" include:

• a pattern of willful disobedience
• incompetence
• absenteeism or lateness
• dishonesty 
• intoxication
• sexual harassment
• conflict of interest 
• insolence or insubordination.

Employees fired for performance or behaviour-based reasons should have received prior written warning that their conduct is putting their job in jeopardy. The employer must also have made sure the employee understood the warning and that they were given reasonable opportunity to improve. 

Letting an employee go is never an easy situation for any of the parties involved. All one can hope for is that each side observes the other's rights and acts as maturely and respectfully as possible.

We welcome your feedback on these articles.  Please e-mail us at pointofview@mandrake.ca .

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