Navigating the Employee Exit Landscape

Dealing with employee departures, whether voluntary or involuntary, can be difficult and stressful, regardless of the reason for an employee’s departure. As employees learn, grow, and develop, they may eventually choose to leave to follow a career path outside their current workplace. In some circumstances, an employer may have to make staffing changes for unpleasant reasons related to financial difficulties, employee performance or behavioural issues.

In this article, we’ll take a look at voluntary termination/resignation, involuntary termination of employment by the employer, with or without cause and how progressive discipline plays an important role when dealing with employee misconduct or performance issues leading up to termination.

Employee resignations may be a common occurrence in the hospitality industry, but they can still pose significant challenges for employers. Whether the resignation is expected or not, employers in British Columbia have an obligation to comply with the provisions of the Employment Standards Act (ESA) throughout the process.

By clearly understanding the rules surrounding employee resignations in BC, such as notice periods, resignation letters, and steps to take post-resignation, employers can ensure compliance with the ESA and establish a smooth transition in the workplace.

Steps to take after the employee’s has submitted their resignation letter:

• Accept the resignation: Acknowledge the employee’s resignation in writing and confirm the last working day and any necessary exit procedures.
• Review employment agreement: Check the employment contract for any clauses regarding notice periods, post-resignation obligations, and non-compete agreements.
• Finalize compensation: Ensure all outstanding payments, including salary, benefits, and vacation pay, are settled according to ESA guidelines.
• Collect company property: Request the return of company-owned items such as laptops, access cards/keys, uniforms or other materials.
• Exit Interviews: Offer the employee the opportunity for an exit interview to gain insights into their reasons for leaving and get feedback on improvements for the business.

Other things to consider:

• Confidentiality: Maintain the departing employee’s privacy by not sharing unnecessary details about their departure.
• Knowledge transfer: Implement processes, training, and measures to help transfer knowledge between the departing employee and their colleagues to prevent work disruption.
• Promoting a supportive atmosphere: Communicate with your team about their colleague’s departure and give them a chance to offer well wishes and support. This will foster a sense of camaraderie in the workplace and preserve morale.
• HR documentation: Ensure that necessary HR documentation is completed, such as updating records and processing final payments.

Termination is the leading cause of employment-related legal disputes. It is important that employers know how to correctly terminate employment, whether with or without cause, and develop a comprehensive policy on termination including progressive discipline – document, document, document!

In BC, termination “without cause” generally refers to situations where an employee is let go due to reasons unrelated to misconduct, such as business restructuring, or downsizing. An employer does not need a good or fair reason to end the employment relationship with an employee. A company can let an employee go without cause at any time, as long as the employee is provided with full severance pay, and the reason for termination isn’t discriminatory (based on age, gender, race or disability).

On the other hand, termination “for cause” occurs when an employee is dismissed due to serious misconduct, this means the employer alleges that the employee engaged in serious misconduct or a fundamental breach of their contract, such as theft, fraud, habitual neglect or harassment. In these cases, employers are not typically required to provide severance pay, but they must be able to prove the misconduct that led to the termination, and this is where your progressive discipline comes into play.

Progressive discipline is a technique used by employers to manage worker behaviour. It can be used when employees show signs of misconduct or incompetence. By using progressive discipline, the employer is able to handle issues that may arise appropriately and can avoid triggering additional conflict within the workplace.

The usual sequence of progressive discipline is a verbal warning followed by a written warning if the behaviour continues. This should give ample time for the employee to correct their behaviour and allow the company to prevent the issue from escalating.

The use of progressive discipline can be effective as it allows employers to:

• Act early before poor work becomes a habit.
• Be fair by clarifying job expectations.
• Improve the employee’s performance by providing appropriate direction.
• Solve the problem before it goes on for too long.

One of the most important aspects of implementing progressive discipline in the workplace is record keeping. Taking notes on the different interactions management has with workers can save the company from unwarranted complaints or possible lawsuits. You’ll want to keep records of:

• meetings
• training sessions
• warnings issued
• performance reviews

Begin keeping records when you first speak to the employee about the problem. This is essential. If you have not done so and the employee decides to challenge the dismissal, your chances of successfully defending your actions at a hearing are greatly reduced.

go2HR is BC’s tourism & hospitality, human resources and health & safety association driving strong workforces and safe workplaces that deliver world class tourism and hospitality experiences in BC. Follow us on LinkedIn or reach out to our team.