Termination For Cause in Ontario

What Is Termination For Cause in Ontario?

Being fired “for cause” in Ontario is serious business. It happens when an employer has enough legal reason to end your employment immediately because of significant wrongdoing on your part – think fraud, theft, insubordination, absenteeism, workplace harassment or breach of company policy.

It is often referred to as the “capital punishment” of employment law in Canada.

In order for your employer to let you go for cause, they must prove that:

• You intentionally engaged in misconduct
• The level of misconduct was severe
• Termination for cause was the only option available to them

Watch the video below from the Employment Law Show and read on to learn more about dismissal for cause and your rights in Ontario.

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Can I Be Fired For Cause Because of Poor Performance?

Yes, you can be fired for cause due to poor performance at work, but it is extremely difficult for an employer in Ontario to do so.

Not all mistakes at work are cause for dismissal. Poor performance isn’t usually enough, unless it’s intentional or particularly reckless. Employers should provide support and warnings before they can legally consider firing you for cause. And occasionally being late rarely warrants for-cause termination, though you can still be fired “without cause” for being late for work

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Do I Get Severance If I Am Fired For Cause?

No. You are not entitled to any severance pay or notice of termination if you are fired for cause in Ontario. However, not all firings for cause are clear-cut. Sometimes, what an employer considers ‘for cause’ conduct doesn’t meet the definition whatsoever.

Employers Get It Wrong

Employers throughout the province often incorrectly fire employees for cause. What they perceive as justifiable reasons for a dismissal without severance likely won’t hold up in the eyes of the law. In many cases, a termination without cause, which includes full severance pay, is the proper route.

Act Quickly

Have you been let for cause? Don’t take it at face value. Reach out to an employment lawyer at Samfiru Tumarkin LLP immediately for a thorough review of your case. If your termination wasn’t legally warranted, we’re poised to fight for your right to a fair severance package – as much as 24 months’ pay in Ontario. Compensation is based on a number of factors, including how your employment contract has been written. When your employer fails to provide adequate severance pay, it becomes a wrongful dismissal.

With a strong track record since 2007, our team has successfully secured generous severance packages for thousands of clients.

Understand your employment rights with Samfiru Tumarkin LLP before you accept your employer’s decision as the final word on your employment.

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Can You Get Employment Insurance in Ontario If You Are Fired For Cause?

No. You’re not eligible for Employment Insurance (EI) if you are terminated for cause in Ontario. Such dismissals are viewed seriously and often disqualify you from EI.

Record of Employment

Your employer must issue a record of employment (ROE) within five days of the termination, which details your work history with the employer.

In cases of dismissal for cause, expect to see “Code M” on your ROE — a marker that generally leads to EI ineligibility.

How You Can Get EI

Not all firings for cause are valid. Misinterpretations by employers about what constitutes a ‘for cause’ dismissal can occur, leaving room for challenge and the opportunity to still qualify for EI benefits in Ontario.

Confused about your EI eligibility after a ‘for cause’ firing? Consult with the employment law experts at Samfiru Tumarkin LLP. We’ll review your case to determine if the termination was legally sound. If not, we’ll fight to not just reverse the decision, but also secure your full severance package.

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Difference Between ‘For Cause’ and ‘Without Cause’ Terminations

In Ontario, the terms of your dismissal can significantly impact your next steps and rights:

• Fired ‘For Cause’: Your employer believes they have a strong reason – like gross misconduct or breach of policy – to end your employment without providing severance, notice or EI eligibility.
• Fired ‘Without Cause’: It means there’s no serious misconduct. Reasons might include company downsizing or restructuring. In such cases, Ontario laws typically ensure you’re entitled to a severance package and EI.

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How To Respond To a Termination For Cause

Responding to a termination for cause can be a critical moment in your career and financial stability. Here are key steps to consider:

• Stay Calm and Professional: Regardless of the circumstances, maintain your composure during the termination meeting. Ask for a detailed reason for your dismissal in writing.
• Review Your Employment Contract: Look over any employment agreements, company policies, or handbooks that you have. Understand the terms, especially those related to termination.
• Document Everything: Keep a record of all communications and events leading up to your termination. This may include emails, performance reviews, disciplinary notices, and any relevant interactions with your employer.
• Don’t Sign Immediately: If presented with a severance package or a release agreement, do not sign on the spot. You have the right to take it away and review it thoroughly, before potentially giving up any employment rights.
• Contact Samfiru Tumarkin LLP: An employment lawyer at our firm can help determine whether you were terminated with just cause and whether your employment rights have been violated. We can also negotiate severance terms on your behalf if there’s been a wrongful dismissal.
• Apply for EI: Even if you’ve been terminated for cause, apply for EI benefits. If your employer wrongly terminated you for cause, you may still be eligible.

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Ontario Termination For Cause Lawyers

A termination for cause lawyer in Ontario focuses on legal cases where employees have been dismissed from their jobs with the claim that it was “for cause.” This means the employer alleges that the employee engaged in serious misconduct or a fundamental breach of their contract, such as theft, fraud, habitual neglect of duty, or insubordination, which justifies termination without notice or severance pay.

At Samfiru Tumarkin LLP, our exceptional team of termination lawyers have been pillars of strength and success for tens of thousands of clients across Ontario. With proven results and a unique, comprehensive understanding of the legal landscape, our lawyers diligently work to safeguard your rights, ensuring you receive the appropriate guidance and support through every step of your wrongful dismissal claim.

Our solid track record and dedicated approach make us a top choice for termination cases in Ontario. We stand strong as a highly regarded and extensively reviewed law firm, delivering successful outcomes for employees faced with problems. Partnering with us guarantees steadfast legal support focused on securing your rightful severance and justice in the workplace.

If you are a non-unionized employee in Ontario (or Alberta and B.C.) who needs help with your ‘for cause’ termination, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.