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Termination Due To Poor Performance for Canada

Termination Due To Poor Performance Template for Canada

A formal termination letter document customized for the Canadian jurisdiction, designed to legally and professionally terminate an employee's employment due to documented performance issues. The document incorporates requirements from Canadian federal and provincial employment standards, addressing notice periods, final pay calculations, and benefit considerations while ensuring compliance with human rights legislation. It includes references to progressive discipline steps taken and performance improvement attempts, structured to minimize legal risks while maintaining clear communication of the termination decision and next steps.

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Termination Due To Poor Performance

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What is a Termination Due To Poor Performance?

This document template is specifically designed for Canadian employers who need to execute a Termination Due To Poor Performance. It should be used when an employee has demonstrated consistent performance issues, has been given appropriate opportunities to improve through documented performance improvement plans, and has failed to meet the required standards despite these interventions. The document ensures compliance with Canadian employment standards, including provincial variations, and incorporates necessary elements such as notice periods, severance calculations, and benefit considerations. It's structured to demonstrate that the termination follows progressive discipline principles and that the employee was given fair opportunity to improve, helping protect the organization against potential wrongful dismissal claims while maintaining professional standards in the termination process.

What sections should be included in a Termination Due To Poor Performance?

1. Letter Header: Company letterhead, date, and formal addressing to the employee including their name and address

2. Notice of Termination: Clear statement of employment termination and effective date

3. Performance History: Brief factual summary of performance issues and improvement attempts

4. Prior Warnings: Reference to previous performance discussions, written warnings, and improvement plans

5. Termination Details: Specific details about final pay, benefits, and notice period or pay in lieu of notice

6. Company Property: Instructions regarding return of company property and timeline

7. Final Administrative Matters: Information about final paycheck, benefits continuation, and ROE

8. Closure: Professional closing with contact information for HR-related questions

What sections are optional to include in a Termination Due To Poor Performance?

1. Severance Package: Include when offering additional severance beyond minimum requirements

2. Reference Policy: Include when specifying how future employment references will be handled

3. Non-Disparagement: Include when requesting mutual non-disparagement commitments

4. Release Agreement: Include when offering additional benefits in exchange for signing a release

5. Confidentiality Reminder: Include when employee had access to sensitive information

6. Outplacement Services: Include when company is offering career transition support

What schedules should be included in a Termination Due To Poor Performance?

1. Performance Improvement Plan History: Chronological record of performance improvement plans and outcomes

2. Final Pay Calculation: Detailed breakdown of final pay including salary, vacation pay, and any severance

3. Benefits Summary: Details of benefit continuation or termination

4. Company Property Checklist: List of company items to be returned

5. Release Agreement: If applicable, formal release of claims document

6. Exit Process Checklist: Step-by-step guide for completing termination process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions
























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Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Construction

Hospitality

Transportation

Energy

Telecommunications

Non-Profit

Government

Mining

Agriculture

Relevant Teams

Human Resources

Legal

People Operations

Employee Relations

Management

Operations

Administration

Relevant Roles

HR Director

HR Manager

People Operations Manager

Employee Relations Manager

Department Manager

Line Manager

Supervisor

HR Business Partner

Legal Counsel

Chief Human Resources Officer

HR Specialist

HR Coordinator

Operations Manager

General Manager

Business Unit Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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