“Hire Slow, Fire Fast - but not too fast”
- Jul 18, 2024
- 2 min read
– Will Guidara, Unreasonable Hospitality
An employment lawyer's opinion on building your business and hiring/firing.
When it comes to hiring and firing employees, business owners often walk a thin line between giving employees a second chance and protecting their business interests. In his book, "Unreasonable Hospitality," Will Guidara emphasizes the importance of hiring slowly and firing fast, but not too fast. As an employment lawyer, I couldn't agree more with this sentiment.
As a business owner, you generally have the legal right to hire and fire employees as long as you do not violate the Human Rights Code, engage in retaliation for protected leave, or other prohibited grounds. In general, the government and courts will not interfere with your ability to run your business and grow it in the way you see fit. However, unless there is just cause for termination (a very high bar), you will owe your employee notice/termination pay.
Having advised on thousands of terminations from all angles – representing both employees, employers, and even as a business owner - I have witnessed the importance of striking the right balance between giving employees a chance and protecting your business. When an employee crosses a red line - whether it's harassing other employees, engaging in fraudulent conduct, or compromising the trust of the organization - it's essential to fire fast and decisively.
We agree with Mr. Guidara, fire fast, but “not too fast”. Give your employees second chances, act kindly and with grace and understanding if the employee is acting in good faith and making best efforts (“not too fast”). However, if your “red lines” are crossed, and the employee does something that compromises the integrity and well-being of your organization, then it’s time to “fire fast”. I have never once encountered a situation where an employer regrets terminating an employee for crossing one of their serious red lines. In fact, the opposite is often true. Usually I am told “you will never believe what else we uncovered after they left / what they had really been up to!”
You may not have “just cause” for termination and as a result may owe notice or termination pay. You may choose to assert just cause if the employee's misconduct is sufficient. You may even have just cause and decide that processing the termination as a without-cause termination is preferable because the evidence is speculative or circumstantial. A conversation with an experienced employment lawyer can help to make these decisions and they can guide you through this process. Feel free to contact us to discuss your case. Let us help you with your employment law related issues so you can focus on what you do best - growing your organization.
