Termination occurs when an employer permanently ends an employee’s employment. The reason for termination is either disciplinary or related to the employee’s skills.
What Is Wrongful Termination?
Unjust or wrongful termination refers to a situation where the dismissed employee considers that there are no just or sufficient grounds to justify their dismissal.
In this case, employees can file a claim for termination without just and sufficient cause if their situation meets certain criteria.
What Is Constructive Termination?
Constructive termination occurs when an employer unilaterally and significantly modifies an employee’s working conditions with the intention that the employee will resign after refusing the modifications.
What Is Dismissal?
Dismissal is the definitive termination of an employee’s employment relationship with their employer for economic, organizational or technical reasons.
What Is a Layoff?
A layoff is the temporary suspension of the employment contract between employer and employee for economic, organizational or technical reasons. A layoff implies a possibility that the employee will be recalled to work. The employment relationship is therefore maintained during the layoff, up to a maximum period of 6 consecutive months.
When the layoff lasts longer than 6 months, the employer must give the employee a termination letter within the prescribed timeframe.
Is a Notice Required for Termination?
In Quebec, employers are required to provide written notice of termination of employment within the statutory timeframes. The time limits depend on the seniority of the dismissed employee.
If the employer fails to provide written notice, the employee is entitled to compensation.
What Are Causes of Termination?
An employer may terminate an employee for personal, disciplinary or economic reasons, such as:
- Serious misconduct
- Reduced staffing requirements
- Misconduct
- Professional misconduct
- Unsuitability
