The Letter of Termination Due to Poor Performance is a critical document used in Canadian employment law when ending an employment relationship based on documented performance deficiencies. It should only be used after proper performance management processes have been followed, including documented warnings and improvement plans. The letter must comply with federal and provincial employment standards, including the Canada Labour Code and provincial Employment Standards Acts. It typically includes details about notice periods, final pay, benefits termination, and return of company property. This document serves both as formal notice to the employee and as legal documentation of the termination process, potentially becoming important evidence if the termination is challenged.
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1. Letter Header: Company letterhead, date, and formal addressing of the employee including their name and address
2. Subject Line: Clear indication that this is a termination notice
3. Opening Statement: Direct statement of employment termination, including effective date
4. Performance Issues: Brief summary of documented performance issues and previous warnings
5. Notice Period: Details of the notice period or pay in lieu of notice being provided
6. Final Pay and Benefits: Information about final salary, vacation pay, benefits continuation or termination
7. Company Property: Instructions regarding return of company property and final arrangements
8. Closing: Professional closing statement with contact information for HR department
1. Severance Package: Details of any additional severance pay beyond statutory requirements, used when offering enhanced termination packages
2. Outplacement Services: Information about career transition support if provided by the company
3. Non-Disparagement Clause: Statement requesting professional conduct and discretion post-termination
4. Release Agreement Reference: Reference to a separate release agreement if additional benefits are being offered in exchange for a release
5. Continued Obligations: Reminder of ongoing obligations such as confidentiality or non-compete agreements, if applicable
1. Performance Review History: Chronological list of performance reviews, warnings, and improvement plans
2. Benefits Summary: Detailed breakdown of final benefits, insurance coverage, and relevant dates
3. Company Property Checklist: Itemized list of company assets to be returned
4. Exit Process Checklist: Step-by-step guide for completing the termination process
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