Process, documentation, notice, statutory obligations, and risk management — structured preparation before the conversation happens.
§ 01 — Introduction
Terminations are expensive when they are handled casually. They are less expensive — and far less risky — when they are planned with the same rigour as hiring.
The five steps below describe a structured approach to an employer-side termination. None of them replace a legal read of the specific facts.
§ 02 — Understand the contractual position
The first question is always the termination clause in the employment agreement. Is it enforceable? Does it cap the payment at statutory minimums, common-law reasonable notice, or something in between? What does it require on the way in — release, timing, set-off?
§ 03 — Build the package
Assemble the statutory entitlements (notice, severance, and vacation under the Ontario Employment Standards Act), contractual entitlements, and any additional amounts offered to secure a release. Benefits continuation, bonus and incentive treatment, outplacement, and references are often part of the package.
§ 04 — Prepare the documentation
The termination letter should be clear, correct, and dated. The release should be proportionate to the amount offered and carve out non-releasable entitlements. Accompanying documents — return of property, last-day logistics, benefits information — should be ready before the meeting.
§ 05 — Plan the meeting
Who is present, where it happens, how the message is delivered, what is provided in writing, and how access and communications are managed afterward. A calm, composed meeting reduces the risk of a difficult follow-up.
§ 06 — Manage the aftermath
Internal messaging, reference handling, and counterparty conduct set the tone for what follows. A termination that is handled respectfully is far less likely to produce a dispute.
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A consultation applies the framework above to the specific matter in front of you — with options, risk points, and a recommended next step.
Toronto · Ontario
