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.
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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
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
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
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