The company will observe all legal dictations referring to termination (aka separation of employment) and will avoid “implied contracts” and unnecessary terminations.
In cases an employee must be terminated without cause, the company is obliged to give notice a specified amount of time prior to the date of termination depending on the time of service, age of employee, or position. If the employee has to stop working before the date of termination, the company will still provide compensation for the time remaining, specified as “pay in lieu of notice.”
The company may compensate the terminated employee for accrued vacation time when appropriate. Severance pay may apply to cases of discharge without cause but not discharge for cause.
The company is bound by the law to refrain from wrongful dismissals of employees.
Wrongful dismissal may occur in cases when:
The company expects all employees with the right of terminating subordinates to strictly refrain from discharging someone without adequate reason or without giving notice. Such an occurrence may be damaging for the company’s respectability and may result in disciplinary action. Discharge on grounds of discrimination or filed health and safety complaints is unlawful termination prohibited by legislation.
Constructive dismissal refers to an employee that has been forced to resign due to an employer’s intentional or unintentional unlawful or hostile behavior (e.g. breach of contract). It will not be practiced by any means by the company which is committed to maintaining a relationship of honesty and fairness between itself and employees.
In cases of involuntary dismissal, the supervisor must submit an employee termination document to the human resources department at the date of separation or before that. Discharge for cause justifies immediate suspension until the necessary documentation for termination has been gathered. In some instances, a termination meeting with the employee, supervisor, and human resources officer may be scheduled.
In cases of discharge without cause, the employer must officially notify the employee of the termination a specified amount of time in advance. When severance pay is appropriate it will be officially stated in writing.
At all times, proper employee records will be kept containing all relevant documentation. A lawyer will be consulted prior to termination so the company can ensure the legality of its actions.
Upon termination or when the job no longer requires the use of company property, you are required to return all issues supplies, equipment, and tools. Document the return of [describe items]. Please contact [Name] at [Phone] as soon as possible to arrange for the return of all property belonging to [Company name].
Upon termination or when the job no longer requires the use of company property, you are required to return all issues supplies, equipment, and tools. Document the return of [describe items]. Please contact [Name] at [Phone] as soon as possible to arrange for the return of all property belonging to [Company name]
