Can we fire an employee without a reason?

Question

I'm a manager of the company and one of the staffs keeps on making mistakes and we always receive complain about her bad attitidue from our customers. I had issued him few warnings letters in regards to those mistakes and complaints but he denied to all of them and refused to accept it. Is it legal for use to fire him if we're willing to compensate him according to the laws and regulation set by Canadaian Employment Standard Act? He's been working for the company for almost 6 years, how much we have to compensate him in order to fire him without any liability?

Answer 1

Is it a him or a her?  Are you making this up?  Looking for answers to a hypothetical question are we?

If I am guilty of an act but deny my participation in that act, does that mean the matter should be forgotten?

If its an act worth getting fired for, then it does not matter if I own up to it, I should be fired and I know it.  

Fire him/her today. Now.  

Otherwise I'd love to come work for  you (and get away with doing whatever I want) .  You're an easy mark.  Naive even.  At least that's what he/she must think.

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Answer 2

Unless you operate as a federally regulated company (Government of Canada,Armed Forces, Banks (Not including Credit Unions),Trucking that goes across BC's border,Federal Crown Corporations, Airlines and Railways (except BC Rail) Television, Telephone, Radio and Cablevision Marine Shipping, Longshoring, Grain elevators) you don't need to consider the Canadian Employment Standards Act. If this is a unionized workplace, the collective agreement might have stipulations that you need to follow. If not, the BC Employment Standards Act applies. Check the website :

www.labour.gov.bc.ca/esb

Just make sure that you have documented everything. If this is a behaviour issue that has been condoned for years without any discipline, GOOD LUCK!!

Answer 3

Yes you have reason!  You've given warnings, and performance is still substandard.  Just call a lawyer to make sure all the t's are crossed!

As the manager, it should be the decision of your boss.  Give your boss all the info with your suggestions.  This will take YOU off the hook if this employee sues the company.  

Because, if they are going to sue, they will sue absolutely everyone!

Answer 4

You need to contact your Department of Labor or your Labor Board and tell them your situation.

Answer 5

If you've got an employment contract that has a stipulated notice period, you can pay the employee the wages for the notice period.

If the contract doesn't have a notice period, then you would have to pay for the remaining duration of the contract.

Some firms use appointment letters instead of employment contracts and in that case the employee can be fired depending on the provisions made in the appointment letter.

Answer 6

I'm not sure if this applies to all states or Canada but unless you have a contract with an employee they are an "at will employee." Which means they can be let go for no reason except discrimination.

Answer 7

Sounds like you have a reason. Not sure how you state law is written but you need to start documenting the errors.