Client Win: Assembler Fired “For Cause” Secures $77,322 in Severance

Samfiru Tumarkin LLP defeated an employer’s attempt to deny a 19-year factory worker any severance and secured $77,322.78 for him after trial, plus compensation for his lost benefits.

The company fired Mr. Czerniawski “for cause” following a heated workplace incident. It accused him of serious misconduct, had police escort him from the property and paid him no severance.

But the employer’s story did not hold up in court. Its investigation had excluded Czerniawski, dramatic allegations made at trial were not supported by the company’s own records, and the punishment was far too severe for what had actually happened.

Our Toronto employment law team, led by David Vaughan, proved that Corma Inc. did not have cause to erase nearly two decades of severance rights.

The Employer Turned One Incident Into A Case For Cause

Corma portrayed Czerniawski as a serious workplace threat. At trial, company witnesses accused him of waving a steel bar, lunging toward supervisors and creating an atmosphere of fear.

The company even relied on an employee’s concern about Czerniawski collecting antique sabres as a hobby—although there was no suggestion that he had ever brought one to work.

These were explosive claims. The evidence did not back them up.

The alleged threatening behaviour did not appear in the police notes, workplace incident records or termination letter. The police did not report threatening behaviour, and Czerniawski left the property peacefully.

The employer had also conducted its investigation without interviewing him or giving him a meaningful chance to answer the accusations. It built its case for the most serious form of dismissal without first hearing from the person it was about to fire.

Our Team Exposed The Gaps In The Employer’s Story

At trial, David Vaughan and our team showed that Corma’s version of events went far beyond what its own records established.

The court agreed that Czerniawski had been insubordinate when he did not immediately leave the workplace. But one poor response during a heated moment did not justify ending a 19-year career without warning or severance.

His long service, strong work history and emotional state during the incident all mattered. A warning or suspension could have addressed his conduct. Firing him for cause was out of proportion to what had occurred.

The employer tried to turn a disciplinary issue into a reason to pay nothing. The court rejected that attempt.

What This Means For You

• Being fired “for cause” does not mean your employer is right. Cause is difficult to prove. Even when an employee makes a mistake or acts poorly, the employer may still owe substantial severance pay in Ontario.
• One heated incident should not automatically erase a long career. The seriousness of the conduct, your work history and whether a lesser response was available can all matter.
• An employer’s allegations still need proof. Dramatic claims made after a firing can fall apart when they are missing from police notes, incident reports and the termination letter.
• Your job search can protect your compensation. Apply for suitable work and keep records of your applications, interviews and responses.

A Lesson For Employers

Do not decide on a for-cause dismissal first and try to build the evidence afterward. Investigate fairly, hear the employee’s side and make sure the response fits the proven conduct. Exaggerated or unsupported allegations can collapse at trial—and turn a decision to pay nothing into a substantial judgment.

Another Ontario win involving a cause allegation: Read how our team protected an Ontario salesperson’s 17-month severance award on appeal.

Fired For Cause And Offered No Severance?

Do not assume the words “for cause” end your severance rights. Employers often get cause wrong, and the amount at stake can be significant. Your severance could be as much as 24 months’ pay.

Our Ontario employment lawyers can review what happened, test the employer’s allegations and explain what you may be owed.

Many wrongful dismissal disputes are resolved without a trial. When an employer refuses to back down, Czerniawski’s case shows that our team is prepared to challenge its story in court.

Contact Samfiru Tumarkin LLP before accepting that you are owed nothing.