--0000000000001dfc4805ee13c646 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable We can take the position that termination for performance will be "just cause" under applicable provincial law and our Canadian employment agreement. Our template Canadian employment agreement for non-caregivers includes the following as part of the definition for cause: "the Employee= =E2=80=99s failure to competently perform the material duties of the position after being given written notice of such failure, and a reasonable opportunity to improve to the standards expected." With anything, this can be challenged and subject to legal action, but it is a defensible position that termination for performance is just cause. Happy to discuss further as needed. Also looping in Tim and Shameema for this discussion. On Tue, Nov 22, 2022 at 9:04 AM Matt Vijayan wrote: > Hi Steve, > > Welcome back! I hope you had a relaxing vacation. > > I am not a legal expert and I have had situations when I used to own a > few HCA franchises where I had retained law firms. Termination without > cause seems to be a logical choice in Canada for employers, if we go in > that direction (with a severance package of course). In spite of these > warnings and extensive documentation, when it is time to terminate an > employee, would that be "with cause"? > > I am bringing Ashley Mirone into this discussion as well. > > Best regards, > > Matt > > Matt Vijayan, B.Sc., MBA, CCPE > Director of Sales, Canada > *Please note my email has changed:* > mvijayan@TheKey.com > > TheKey.com > [image: TheKey] > > > On Tue, Nov 22, 2022 at 11:38 AM Steve Koyanagi > wrote: > >> Hi Matt, >> >> Just getting back from vacation today. I removed the sentence below >> related to at-will employment. Otherwise, I think the proposed language >> looks good as we will argue that after this written warning the terminat= ion >> will be for "cause." Let me know if you want to discuss further. >> >> On Thu, Nov 17, 2022 at 8:45 AM Matt Vijayan wrote= : >> >>> Hi Steve, >>> >>> Need your guidance. >>> >>> Can you please confirm that this practice is valid as per the Employmen= t >>> Standards in Canada? In case of constructive dismissal, will we be >>> challenged on some verbiage from the Labour Board in the Provinces? >>> >>> *"Effective immediately, you are placed on a 30-day PIP. During this >>> time you will be expected to make regular progress on the plan outlined >>> above. Failure to meet and maintain these expectations or any other of = your >>> role may result in further disciplinary action, up to and including >>> termination**. In addition, if there is no significant improvement to >>> indicate that the expectations and goals will be met within the timelin= e >>> indicated in this PIP, your employment may be terminated prior to 30 da= ys. >>> Furthermore, failure to maintain performance expectations after the >>> completion of the PIP may result in additional disciplinary action up