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Discipline and termination

State procedures

Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures?

No, but case law regarding termination “with just and sufficient cause” strongly recommends that employers undertake an investigation and submit allegations to the employee in question, so that the employee can provide a response.

At-will or notice

At-will status and/or notice period?

In Quebec, notice periods apply.

What restrictions apply to the above?

In an employment contract, the employer and employee can agree as to the employee’s entitlements on termination if those entitlements satisfy at least the minimum requirements under applicable employment standards legislation. However, since the entitlement to a ‘reasonable’ notice of termination or indemnity in lieu of reasonable notice is a public order provision, the parties’ agreement will not be binding on the courts.

Final paychecks

Are there state-specific rules on when final paychecks are due after termination?

On termination of an employment contract, the employer must ensure that the employee receives all of the sums owed to him or her.

Further, on request by the employee, the employer must provide him or her with a certificate of employment, stating only the nature and duration of the employment and indicating the identities of the parties involved. The employer must also provide the employee with a record of employment.

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