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Dear Toby: HR Advice Column- I Think It’s Time To Let Someone Go... But I’m Scared To Screw It Up

Dear Toby,

I’m a small business owner, and I’ve never had to fire anyone before. But one employee just isn’t cutting it—constant mistakes, missed deadlines, and they’ve been given lots of chances. I know it’s time, but I’m terrified of saying the wrong thing or opening myself up to legal issues.


What do I need to have in place before I do this?


— Nervous to Pull the Plug in Nanaimo


Dear Nervous,

First off, you’re not alone—firing someone is hands-down one of the hardest parts of being a leader, especially when you care about doing things the right way. The good news? With a bit of prep, you can protect your business and handle this with compassion and professionalism.


Here’s what you’ll want in place before moving forward:


1. A paper trail

You need documentation showing this wasn’t a snap decision. Think:

  • Notes from check-ins or coaching conversations

  • Emails flagging concerns

  • Any formal warnings or performance plans

It’s not about being punitive—it’s about showing that the employee had a fair shot to improve.


2. A legal/HR gut-check

If there’s anything that could complicate the situation—medical leave, pregnancy, or other human rights protections—don’t go it alone. A quick consult with HR or employment lawyer can save you a world of stress later.


3. A proper termination letter

In most cases in Canada, a termination is considered without cause, which usually means notice or pay in lieu. The amount owed varies depending on the person’s role, length of service, and a few other factors. Don’t guess—make sure your numbers are right.


4. A respectful, to-the-point conversation

This part is tough, but it doesn’t need to be long or emotional. You can say something like:


“We’ve had a number of conversations about your performance, and unfortunately, things haven’t improved to the level we need. Today will be your last day. We’ve prepared a letter outlining your final pay and next steps.”


Have everything ready: the letter, final pay details, and a plan to collect keys or revoke access.


Terminating someone is never easy—but by being fair, prepared, and kind, you’ll be doing it the right way.


You’ve got this.


— Toby


 Disclaimer: The "Dear Toby" advice column is designed to provide general HR insights and guidance but should not be taken as legal advice. Every business and situation is unique, and employment laws vary by jurisdiction. Before implementing any advice from this column, we recommend consulting with a qualified HR professional or legal expert to ensure it aligns with your specific circumstances.


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