How can an employer avoid crossing the line between an employee’s normal distress at being fired an additional stress caused by the manner of dismissal, particularly if a dismissed employee is known to be emotional?
Question: How can an employer avoid crossing the line between an employee's normal distress at being fired and additional stress caused by the manner of dismissal, particularly if a dismissed employee is known to be emotional?
Answer: As a general rule, and regardless of the emotional proclivity of the employee, the mere act of termination does not create a cause of action, provided that the employee was given reasonable notice of their termination. The Supreme Court of Canada’s classic statement from Honda Canada Inc. v. Keays was: “The normal distress and hurt feelings resulting from dismissal are not compensable.”
