I have an employee who I have not been happy with. I own a small hair salon and my staff rents their chairs from me. The staff including the old owner had worked there before I came in and I just kept them on. But for 3 years now one of the staff members is just not performing the way I've been asking her to and she's just not pleasant to work with. As of now she's been off of work from surgery for approx. a month and I really don't want her to come back to work for me. I just don't know if it's illegal to let her go though. Is it legal for me to let her go if I'm not happy with her working for me? And if so, what steps do I need to take to terminate her?

Thank you for your question. It is legal to dismiss the employee but you must make sure that she is provided the appropriate amount of severance. It is likely that the time she worked for the past owner will count toward her severance payment. I would encourage you to visit the severance pay calculator our firm has developed to see what your employee would be owed if dismissed(www.SeverancePayCalculator.com).

I would also note that terminating an employee after her return from surgery may expose your business to further damages under the Ontario Human Rights Code. In this case, I would strongly encourage you to call us and set up a consultation with one of our employment lawyers who will be able to fully review this matter with you.