Employers: There’s no need to record employee termination meetings

recording employee termination meetingsAn employer recently asked whether it would be helpful for them to record a sensitive employee termination meeting and, more broadly, whether this is a recommended practice for routine terminations. In this particular case, the logistics of having a second person attend as a witness were tricky, and the employer was also looking to be more efficient by having only one person conduct the meeting.

In remote work environments, it’s easy to secretly record meetings.  In most cases, however, there is more to lose than gain by recording a meeting without the other person’s consent. Obtaining consent is of course always an option, but that usually changes the tone and content of any meeting, making the recording a less useful exercise.  

Employers may wish to record a termination meeting to have a record of what was or wasn’t said in case things go off the rails.  However, termination meetings rarely go awry when run by experienced HR professionals – it’s usually the untrained managers who muddy the waters inadvertently. Disputes with departed employees arise because of other reasons, but not typically because of something that was said or not said at a termination meeting by an experienced HR professional. 

Tips for running the dreaded termination meeting

A well-planned and effective termination meeting (in-person or remote) can be done solo. Sticking to tight talking points set out in advance is key. So is a plain language termination letter clearly setting out the employee’s entitlements on termination, along with any offer above and beyond the statutory minimums (i.e. clearly set out the ‘package’). HR’s scripted talking points then become part of the employee’s file, tweaked as necessary to reflect any deviations from the script, and then you have an accurate record of the termination meeting.  Minor deviations from the script are fine and inevitable because we are not robots and most employers care about how a departing employee feels. 

Still looking to record?

If you’re not convinced and are still considering recording a meeting, here’s the law on employer recordings in the workplace: it is legal for an employer to record an employee conversation at work, so long as there is an employer representative present. The content collected will be governed by applicable privacy legislation. 

There may be unique situations where an employer recording or transcript of a meeting is reasonable and necessary. Having employees confirm in writing (by way of contract or policy) that they understand that they have no expectation of privacy at work will assist in these cases if the information recorded actually needs to be relied upon. 

The recent exercise of reviewing electronic monitoring practices and rolling them out prompted many Ontario employers to i) review where this ‘no expectation of privacy’ language exists in their documents and, if it does not, ii) include it in their Electronic Monitoring Policy or elsewhere.

If you have questions about a delicate employee matter get in touch!  If you still need to draft your Electronic Monitoring Policy, we’ve got you covered with our template, currently available for purchase on our website.

Share the Post:

Related Posts

Canadian flag displayed in front of a government building, representing proposed federal labour law reforms under Bill C-39 and changes to the Canada Labour Code.

Federal Bill C-39: Major Changes Proposed for Federal Labour Relations 

Federal Bill C-39 proposes major changes to the Canada Labour Code that could reshape labour relations for federally regulated employers and unions. From expanded government intervention during strikes and lockouts to new collective bargaining rules and mediation processes, these reforms may significantly impact workplace disputes, collective agreements, and the balance between protecting workers’ rights and the national economy.

Read More »
Person working remotely on a laptop beside a swimming pool, illustrating remote worker management, employee accountability, and flexible work arrangements.

Remote Worker Management: Accountability without Constant Check-Ins 

Managing a remote team doesn’t require constant check-ins. Effective remote worker management comes from clear expectations, transparent systems, and trust. Learn how to create accountability, improve collaboration, and measure results without micromanaging employees. Discover practical strategies to build a productive remote workforce that stays aligned, engaged, and focused on outcomes rather than online presence.

Read More »
Mountain village with wooden buildings overlooking a valley, representing workplace accommodations that can evolve while supporting long-term stability and growth.

Can An Employer Change An Accommodation? 

Can an employer change a workplace accommodation once it has been in place for years? A recent Ontario court decision confirms that accommodations are not necessarily permanent. Employers have flexibility to modify accommodations when employees remain reasonably accommodated and free from discrimination. Learn what this ruling means for disability accommodation, workplace management, employee benefits, and legal compliance.

Read More »

Contact Us

Thank You For Your Interest. Kindly Complete The Form Below. Our Client Services team will be in touch with further information about our fees and intake process.
[grow-contact-form]