Employment lawyer on rights of fired Lululemon employees

Interview Summary

Two former Lululemon employees were terminated as a result of trying to prevent a burglary. The CEO of the brand has stood by this decision stating the reason for termination was due to a breach of following company policy. What options do employers have if an employee has exhibited misconduct? When can an employer terminate an employee “for cause”?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins CTV News Ottawa to answer these questions and more on employee rights.

Interview Notes

• Employee violates company policy: While it is perfectly adequate for employers to have a zero-tolerance company policy regarding theft and health and safety, the context and employee well-being should also be considered.
• Terminating an employee for cause: A termination “for cause” occurs in Ontario when an employee is terminated without notice or severance pay. Terminations for cause are reserved for when an employee has exhibited serious misconduct, such as theft or assault. Generally, employers have to have a company policy in place with escalating disciplinary measures. It is very difficult to establish “cause” for termination and a violation of company policy might not be enough to justify a termination.
• Recourse for terminated employees: Employees that have been terminated for cause with no previous measures of discipline taken, would likely still be owed severance pay. It is important for employees to seek legal advice from an employment lawyer as a simple breach of company policy might not justify a termination for cause.