Dress code violations and wrongful dismissals

A car dealership company in Edmonton is making the news for terminating an employee for violating their office dress code. Caitlin Bernier was let go during her probation period of employment after she was told her clothes were too revealing.

Toronto employment lawyer Lior Samfiru at Samfiru Tumarkin LLP joined the Toronto Sun to discuss the implications of this termination. Was her employer within their rights to let her go, or was this a termination without cause?

“While people assume you can be fired without severance within three months of starting a new job,” Samfiru states, “that’s only the case if you’ve signed an employment agreement where that probationary period is set out. Car dealerships are notorious for not doing the proper paperwork, so I wouldn’t be surprised if she’s entitled to that severance.”

Samfiru believes Bernier would be successful if she filed for wrongful dismissal.