Legal requirements for firing someone from a retail job in Ontario...
September 9, 2012 10:27 AM Subscribe
I run a retail business in Toronto, Canada. It's an independently owned business--like a mom and pop store. I need to fire someone because he's incompetent and his presence actually makes more work for the other staff. I have emailed and texted with this staff member (who has worked with us for 13 months) regarding his considerable transgressions but we do not have "paperwork" or "forms" in the traditional sense. His work never improves.
What exactly do I have to do to fire him without worrying about legal issues? Two weeks pay? Three? Does the firing need to be written in addition to verbal or is just verbal fine? What's the best way for me to cover my ass?
posted by anonymous to law & government (6 answers total)
I have fired numerous staff in my time at this job (the business is about 40 years old), but this is the only one who I feel could be litigious.
I think that legally I have to give two weeks pay but I don't wish ill on him and have no problem giving 3 or 4. However, I'm worried that doing so gives him some sort of leg to stand on in the "obviously you need to give me more because you have no right to fire me" department. IE, being sympathetic to his situation makes it look like I'm in the wrong.
Any advice appreciated. Thanks!