Have you been watching The Late Show recently? If not, you’re missing out on a wild time!
To recap, comedian Stephen Colbert has been hosting CBS’ The Late Show since he took over from David Letterman in 2015. He’s built a reputation as a smart, erudite interviewer who does his homework and isn’t afraid to ask some tough questions while still having a few laughs. That reputation frequently makes his the highest rated late-night show.
Naturally, it was a shock to his audience, fans, and the media industry when Colbert announced on July 17th that CBS would be ending not just his tenure, but the entire series, in May 2026. The network says the move is a financial decision, but speculation that the move stems from Colbert’s pointed political criticism has run rampant.
CBS now finds itself in an interesting position – not only has Colbert loosened his tongue completely…but he may continue to do so for 10 more months. What does all of this teach us about the dangers of working notice?
What is ‘working notice’?
When you end someone’s employment in Ontario, provided they were not on a fixed-term contract, you have two options of how to proceed. Your legal obligation as an employer is to provide them with either notice, or pay in lieu of notice, according to either their written employment contract or the latest standards as determined by the courts. The second option is far more common. Most employers recognize that if the employment relationship is not working out, it is best to have the employee leave that same day. The employee is usually offered an exit package, perhaps slightly more than as outlined in their contract, in exchange for them agreeing not to file a legal claim against the employer. This does not always work according to plan, and said packages are often negotiated, but that is usually the play-by-play. However, there are times where employers may want that employee to stick around. Perhaps the employee is working on a large project that needs to be completed. Maybe the business is closing, or the owner is planning on retiring. Whatever the reason, if there is no bad blood, the employer has the option to have the employee work through the notice period instead of paying them out for an equivalent length of time. Think of working notice in this sense as a ‘lame duck’ politician who is expected to keep working, but knows their days are numbered. The employee is still required to fulfill their duties, but is also free to openly look for new work, and ultimately may depart earlier than the date expected if they find something sooner. So why is all of this a bad idea?What are the risks of working notice?
Think about working notice as you would the end of a romantic partnership where you are living together. You’ve already told your partner the relationship is coming to an end, and one (or both) of you is looking for a new place to live. How is the mood at home? Likely awkward, tense, uncomfortable, or perhaps even downright hostile. Working notice runs those same risks for an employer. If the employee saw this situation coming, such as an impending retirement, and is happy to stay on to help wind down the business, there may be no ill will at all. However, most employees are naturally unhappy to be let go, and emotions often range between anger, betrayal, hurt, despair, or any combination thereof. If you have an employee feeling that way, who knows that their days with you are numbered anyway, what do you think they are going to do to your workplace? The potential to unleash havoc is infinite. Of course not all employees will behave badly, but you’ve now opened the door to anything from poor productivity to creating a toxic work environment to downright sabotage. The possibilities for bad behaviour are endless. What’s the worst that you can do – fire them?A Lesson from Stephen Colbert
Stephen Colbert has built his reputation because he’s never been shy about his criticisms. He honed his craft with his original late night show, where he played a right-wing zealot political commentator, which was farce. On this show he gets to be himself, and give his unvarnished opinions. Lately, these opinions have meant being critical not only of President Trump, but of his own employer as well. The President had sued the network, and its parent company Paramount, claiming that they had deceptively edited a televised interview with his Democratic opponent in the lead-up to the 2024 election. In a surprise move Paramount settled the lawsuit, which led to extensive criticism from Colbert and a number of jokes at his employer’s expense. While the network claims this is unrelated to his cancellation, many viewers have drawn the obvious line. Whether or not Colbert’s original criticisms led to the cancellation decisions, his proverbial gloves are now fully off. Buoyed by widespread public support (including from his competing late night hosts), Colbert’s recent shows have been heavily and openly critical of the network’s decision. He may be dignified, but he’s angry, and he doesn’t care who knows it. It remains to be seen what move the network will take next – will they attempt to censure Stephen Colbert from making more inflammatory comments during his working notice? Will they end his employment earlier than announced? Or will they ironically bask in the heightened ratings, with viewers turning in to see what outrageous thing the host says next? For most employers, working notice can be like playing with fire. It may be okay in some narrow circumstances, but it can be unpredictable at best, and disastrous at its worst. When you need to let someone go, consult with us on the best way to go about things. Our responsibility is to protect your best interests, and we’ll help however we can to make that happen. ~ Oxford HR Group
