Understanding termination for cause
In Canada, termination for cause is considered the capital punishment of employment law. It applies to inexcusable workplace misconduct such as dishonesty, insubordination, assault, or theft. Just cause for dismissal is reserved for the worst offenders.
Learn about termination for cause in your province:
Ontario Alberta British Columbia
Employers often get it wrong
Many employers mistakenly allege “cause” for reasons such as poor performance or lateness, believing it justifies termination without severance pay. However, establishing a valid termination for cause requires:
- Proving the employee engaged in misconduct with malice
- Proving the misconduct was severe
- Showing that termination for cause was the only option available
If the dismissal “for cause” is not legitimate, it becomes a dismissal “without cause,” and as much as 24 months’ pay is owed to the employee as severance.
WATCH: Employment Lawyer Lior Samfiru addresses facts and falsehoods about dismissal for cause on a season 8 episode of the Employment Law Show.
Responding to a termination for cause
If you have been terminated for cause, it is vital to immediately contact an employment lawyer at Samfiru Tumarkin LLP. Our experienced legal team at Samfiru Tumarkin LLP has successfully handled thousands of cases of just cause dismissal. We can review your situation and determine whether your termination without severance pay is justified.
If your termination for cause does not stand up to scrutiny, we will pursue your rights, rescue your reputation, and work to secure the severance pay you deserve. Contact our employment lawyers in Ontario, Alberta or B.C. for expert legal assistance.
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More about termination for cause
Explore some of our past blogs and episodes from the Employment Law Show related to termination for cause in Canada.Pocket Employment Lawyer
Before you call an employment lawyer, use the Pocket Employment Lawyer to determine if your employment law rights have been violated, and what you should do about it.
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