Documentation Failures in Employment Termination Claims

In March 2023, Harbour Ridge Construction Ltd., a mid-sized commercial contractor based in Corner Brook, Newfoundland and Labrador, terminated a 54-year-old site superintendent without cause after 11 years of service. The employee had earned $142,000 annually plus a company vehicle, health benefits, and an annual performance bonus averaging $18,000. No written severance offer accompanied the termination letter.

The company's risk manager now faces a familiar problem: assessing potential exposure with almost no documented information beyond tenure and the absence of alleged cause. Determining reasonable notice requires the Bardal factors—position seniority, age, service length, and local re-employment prospects—yet the personnel file contains no job description, no performance reviews, and no record of the termination meeting itself. The Corner Brook construction labour market, the employee's specialized certifications, and any mitigation efforts remain unknown. Without this foundation, quantifying the claim exposure or evaluating settlement options is guesswork.

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