Performance, Discipline and Ending Employment Policy

Purpose

Clients rely on every person at NEO, a licensed paralegal firm. This policy explains how we give feedback, how we deal with performance and conduct problems fairly, and what happens when employment ends, whether you resign or the firm ends it.

Who it applies to

Employees. Independent-contractor paralegals are governed by their contractor agreement and our Independent Contractor Paralegals Policy, and students by their placement agreement and our Students and Placements Policy. The sections on confidentiality, returning property and no reprisal apply to them too.

Feedback and reviews

1. Everyday feedback. The principal gives feedback as work is reviewed, under our Supervision and Delegation Policy and Quality Assurance and File Review Policy.
2. Probation review. If your agreement sets a probationary period, we meet before it ends to discuss how it has gone.
3. Regular reviews. At least once a year we review your work with you, agree goals, and discuss training under our Professional Development and Competence Policy.
4. Accommodation. Reviews take into account any accessibility needs and accommodation plan, under our Workplace Accommodation and Return to Work Policy.

A review does not, on its own, change your pay; any change is confirmed in writing.

When there is a problem

We first try to understand the cause. A performance problem may come from unclear instructions, training gaps, workload or a health issue, and we try to fix the cause before treating it as misconduct.

Where steps are needed, we usually follow progressive discipline:

1. Coaching: a private conversation about the concern and what needs to change, noted on file.
2. Written warning: the concern, what is expected, the support we will give and a time to improve.
3. Final written warning: made clear that further problems may lead to dismissal.
4. Ending employment, if the problem continues.

Before any step, we tell you what the concern is and listen to your side. You may respond in writing, and your response is kept with the record. Progressive discipline is our usual approach, not a guarantee: depending on how serious a matter is, the firm may start at any step or end employment, subject to the Employment Standards Act, 2000 (ESA), your employment agreement and the law.

While we look into a serious concern, we may ask you to stay away from work, with pay, or limit your access to systems or files.

Serious misconduct

Some conduct is serious enough that it may lead to dismissal without notice or pay in lieu, but only where the facts meet the ESA's high standard: wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the firm. Depending on the facts, examples may include:

• theft, fraud, or misuse of client or trust money (see our Trust Accounting and Client Money Policy);
• deliberately disclosing confidential client information;
• falsifying time, punch-clock, billing or expense records;
• violence, threats or harassment;
• giving legal advice or holding yourself out as a licensee when you are not one;
• deliberately bypassing security controls or the principal's approval of messages to clients.

Each case is decided on its own facts, after we hear from you. Other conduct that doesn't meet this standard is dealt with through progressive discipline, or by ending employment with the notice the law requires.

Resigning

Please give the principal written notice, and as much notice as you reasonably can (we ask for at least two weeks), so clients and deadlines are protected. Help us hand over your files in an orderly way. We never deduct anything from your pay because you gave short notice. If we ask you not to work some or all of your notice period, we pay you at least what the ESA requires.

When the firm ends employment

1. Notice or pay in lieu. Once you have been employed continuously for three months, you receive at least the ESA's written notice of termination, termination pay instead, or a combination: one week if you have been employed less than one year, two weeks for one to less than three years, three weeks for three to less than four years, and one more week for each further full year, up to eight weeks for eight years or more. During the notice period your wages and any benefit plan contributions continue as the ESA requires.
2. Severance pay. Where the ESA requires severance pay (for example, for employees with five or more years of service when the employer's payroll is $2.5 million or more), we pay at least the ESA amount.
3. Your agreement may give more. These are minimums. Your employment agreement, and the law, may entitle you to more.
4. Never for a prohibited reason. We never end employment because of a ground in the Human Rights Code, or because someone asked about or exercised their rights under the ESA, took or planned to take a leave, raised a health and safety concern, made a harassment complaint, asked for accommodation, or reported misconduct to the Law Society.

Your last day

• Property and access. Return all firm devices, keys, documents and client files, and don't keep copies of client or firm information. Access to the portal, email, phone system and other firm accounts ends on your last day, under our Acceptable Use of Technology Policy and Information Security and Data Breach Response Policy.
• Final pay. All wages owing, including accrued vacation pay and any termination pay, are paid no later than seven days after employment ends or your next regular pay day, whichever is later, by direct deposit with a final pay statement. Deductions are made only where the law requires or allows them, or you have authorized it in writing, stating a specific amount or a formula for working it out; never for faulty work.
• Record of Employment. The firm issues your Record of Employment to Service Canada as the Employment Insurance rules require. See our Payroll and Pay Days Policy.
• Exit conversation. You are invited, but not required, to share feedback before you leave.

After you leave

• Confidentiality continues. Your duty to keep client and firm information confidential never ends, under our Confidentiality Policy and your confidentiality agreement.
• References. Only the principal gives references, and only with your consent, including simply confirming your position and dates of employment.
• Clients. Licensees remain bound by the Paralegal Rules of Conduct, including on confidentiality and conflicts. Clients always choose who handles their matter.

No reprisal

No one is punished or threatened for raising a concern in good faith, using the processes in this policy, or contacting the Ministry of Labour, Immigration, Training and Skills Development, the Human Rights Tribunal of Ontario or the Law Society. See our Reporting Misconduct Policy.

Review

This policy is reviewed at least once a year, and whenever the law or the Law Society's By-Laws or rules change. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.