Hi Tim,
Yes, since we are not eliminating Cheryl’s role and are simply parting ways
due to the position no longer being a good fit on either side, you are
clear to begin backfilling the role immediately.
Regarding severance, Cheryl has been with the company for 10 years. Based
on her current salary of $110,000, the severance amount would be
$21,153.84, which reflects one week of pay per year of service (10 weeks
total).
If Cheryl is open to signing a mutual separation agreement, that would be
the ideal path forward.
Please review this with Melissa and let me know your thoughts. Once you're
aligned, I’m happy to move forward with drafting the agreement.
*Jazman Ramos | MHA*
Senior HR Manager | *TheKey*
Phone: 717.314.9286
Email: jramos@thekey.com
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On Fri, Jun 6, 2025 at 1:21 PM Timothy Thomas <tt@thekey.com> wrote:
> Hi Jazman,
>
> I asked ChatGPT (which I know isn't a full legal opinion) about
> terminating Cheryl and backfilling the role, which I don't think is an
> issue here like it is in the US. Take a peek at the answer below.
>
> In *Canada*, the answer depends on the circumstances — but in general,
> *yes*, you may legally backfill the role *immediately* after terminating
> an employee without cause *as long as*:
>
>
> 1.
>
> *You provide full legal entitlements* (statutory notice, severance
> pay, and any additional amounts required under contract, common law, or
> company policy).
> 2.
>
> The termination is conducted in *good faith* — meaning the termination
> itself is not disguised or tainted by bad faith (e.g. retaliation,
> discrimination, reprisal).
> 3.
>
> There is *no clause in the employment contract or company policy*
> promising otherwise (for example, stating the position is being eliminated
> permanently).
>
> ------------------------------
>
> *Key Points to Consider:*
>
>
> ✅ *Backfilling Is Permissible*
>
>
> -
>
> You can replace the person immediately — the law does not require the
> position to remain vacant for a period of time after a lawful termination.
>
>
> ✅ *But Be Mindful of Optics and Potential Claims*
>
>
> -
>
> If the employee was told (verbally or in writing) that their position
> was being eliminated, yet a new hire is made right away into the same role,
> this could give rise to a *bad faith* or *misrepresentation* claim,
> particularly in provinces like Ontario where courts will look at the manner
> of dismissal.
> -
>
> If the employee was terminated without cause, and you simply say it’s
> a business decision / restructuring / performance / fit, and pay their
> entitlements properly, then backfilling is not a legal issue.
>
>
> ✅ *No Legal “Waiting Period”*
>
>
> -
>
> There is no requirement to wait any specific period before posting or
> filling the role — again, assuming severance and other legal obligations
> are met.
>
>
> --
>
> *Tim Thomas*
> Head of Midwest & Canada Divisions | *TheKey*
> Mobile: 514.591.9387
> [image: TheKey] <https://www.thekey.com/>
>