Kedge Anchor Law | Performance Management Guidance

Performance Concerns Require More Than Frustration.

In many situations, employers may be expected to clearly communicate expectations, identify concerns, provide support, and maintain proper documentation before considering termination for cause.

Why Performance Management Matters

Poor performance is not automatically just cause for termination.

Employers are often expected to demonstrate that employees understood expectations, received appropriate feedback, were given opportunities to improve, and that performance concerns were properly documented.

A fair and consistent process may significantly reduce workplace risk.

Before Considering Termination For Cause, Employers Should Review

Performance expectations

Workplace policies

Performance reviews

Coaching discussions

Training opportunities

Performance Improvement Plans

Employee responses

Progressive discipline records

Accommodation considerations

Documentation practices

Performance Management Review — $250

A confidential one-hour consultation focused on helping employers better understand performance management obligations, workplace documentation requirements, and termination-related risks.

Performance management discussion

Documentation review discussion

Progressive discipline considerations

PIP and coaching guidance

Preliminary legal assessment

Workplace risk discussion

Strategic next-step guidance

Confidential virtual consultation

“The purpose of the consultation is to help employers manage performance concerns fairly, consistently, and strategically.”

Common Performance Management Risks

Inadequate documentation

Inconsistent discipline

Lack of clear expectations

Insufficient coaching

Poorly managed PIPs

Human rights concerns

Accommodation issues

Retaliation allegations

Wrongful dismissal claims

Termination for cause disputes

This content is for informational purposes only and does not constitute legal advice. Legal advice depends on your specific circumstances.

Frequently Asked Questions

Is poor performance automatically just cause?

Not necessarily. Whether just cause exists depends on the circumstances, documentation, communication, and the steps taken by the employer.

What documents should be reviewed?

Performance reviews, coaching records, disciplinary documents, workplace policies, PIPs, accommodation records, emails, and related communications may be relevant.

Should employers use a Performance Improvement Plan?

In many situations, a properly structured Performance Improvement Plan may help demonstrate fairness and provide employees with an opportunity to improve.

Is the consultation confidential?

Yes. Lawyer-client confidentiality applies.

Address Performance Concerns Before They Become Legal Problems.

A proactive and well-documented approach to performance management may help reduce risk, support workplace fairness, and strengthen future employment decisions.

Book Performance Management Review Contact Kedge Anchor Law

Performance Management Guidance