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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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Termination of an employee that has been incarcerated

Customer Question

Termination of an employee that has been incarcerated for impaired driving
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello Greg, thank you for the question.

Are you asking on behalf of the employer or employee?

Customer: replied 1 year ago.
employer
Expert:  Ulysses101 replied 1 year ago.

Is this a unionized workplace?

When was the impaired conviction?

What's the nature of the employee's work?

Don't use details that can identify the parties, please.

Customer: replied 1 year ago.
Its not union, last month and HR in our office.
We are an education authority
Expert:  Ulysses101 replied 1 year ago.

And does the employee need to be able to drive while at work as part of the regular employment duties?

Is there anything in the employment contract about circumstances under which termination for cause is agreed upon?

Have you already terminated the employee?

Does the conviction affect the employee's work performance?

Customer: replied 1 year ago.
no
no
no
no
Customer: replied 1 year ago.
ok i have enough information signing off thks
Expert:  Ulysses101 replied 1 year ago.

I haven't answered you yet. No need to run away. I'm doing a bit of research myself based on the information you gave. Shall I continue?

Customer: replied 1 year ago.
Ues
Expert:  Ulysses101 replied 1 year ago.

OK, this is a grey area as I'm sure you can imagine. Which of course is why you're asking a lawyer.

Is there an employment contract at all? I imagine that there would be if there's a HR department and no union.

Customer: replied 1 year ago.
She is a long time employee, over 30 years and I don't know if their was ever a contract
Expert:  Ulysses101 replied 1 year ago.

That's interesting. Being there for so long, if she's wrongfully terminated, or you give her pay in lieu of notice, that's going to be a substantial amount of payout.

The employer/employee relationship is a contractual one, so you first have to look at the contract if there is one. Can you check and get back to me? That's where you have to start.

Expert:  Ulysses101 replied 1 year ago.

Hello Greg, any luck on finding an employment contract?

Ulysses

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