Being fired “for cause” in Ontario is one of the most serious forms of dismissal. It means your employer believes you engaged in serious misconduct and has grounds to end your employment without notice, severance pay, or access to Employment Insurance (EI).
This is sometimes referred to as the “capital punishment” of employment law. But just because you were told it was “for cause” doesn’t mean the termination was legal.
Table of Contents
2. Can I Be Fired for Cause Due to Poor Performance?
3. Do I Get Severance if I’m Fired for Cause?
4. Can You Get EI if Fired for Cause in Ontario?
5. Just Cause vs. With Cause: Is There a Difference?
6. What To Do If You’re Terminated for Cause
7. When to Contact a Termination for Cause Lawyer
8. FAQ: Termination for Cause in Ontario
What Is Termination for Cause (or Just Cause) in Ontario?
Termination for cause (also called “just cause” termination) happens when an employer claims that an employee did something so serious that it justifies immediate dismissal.
Examples include:
- Theft or fraud
- Harassment or workplace violence
- Willful insubordination
- Breach of company policy
- Chronic absenteeism or lateness (after warnings)
- Dishonest (e.g. falsifying credentials)
Under Ontario Regulation 288/01 of the Employment Standards Act, just cause can include “wilful misconduct, disobedience or wilful neglect of duty.” But this is a high legal standard, and most employers don’t meet it.
ℹ️ Can you lose your job if you’re late for work? Read our blog here.
Can I Be Fired for Cause Due to Poor Performance?
Yes – but it’s very difficult for an employer in Ontario to justify.
Occasional mistakes or underperformance usually aren’t enough. Employers must provide:
- Ongoing feedback and coaching
- Written warnings
- A real chance to improve
If you were fired for cause in Ontario due to performance issues, there’s a good chance it was a wrongful dismissal.
Do I Get Severance if I’m Fired for Cause?
Generally, no – if the dismissal is legitimate. But in many cases, the employer gets it wrong.
If your conduct doesn’t meet the legal standard for just cause, you’re still entitled to full severance pay in Ontario, which can be as much as 24 months’ pay in Ontario, depending on your age, position, and length of service.
💡 Don’t Try It On Your Own! Find out why it may not be a good idea to negotiate your own severance package.
Can You Get EI if Fired for Cause in Ontario?
Usually not. A for cause dismissal results in “Code M” on your Record of Employment (ROE), which typically makes you ineligible for EI.
But if the termination was incorrectly identified as for cause, and it was truly a “without cause” firing, you may still qualify.
Just Cause vs. With Cause: Is There a Difference?
These terms are often used interchangeably, but can have slightly different meanings in some contexts:
- Just Cause: Typically refers to severe misconduct (e.g. violence, theft).
- With Cause: Can include broader reasons (e.g. chronic lateness, poor performance) where the employer argues dismissal is justified.
Either way, the legal standard is high, and employers must follow a fair and documented process.
What To Do If You’re Terminated For Cause
Here’s what to do right away:
- Stay calm – Don’t argue or lash out.
- Ask for a written explanation – Get the reasons in writing.
- Review your agreement – Check your employment contract for any terms about discipline or termination.
- Keep documentation – save emails, performance reviews, and disciplinary letters.
- Don’t sign anything yet – You may be giving up your rights.
- Apply for EI anyway – You can still appeal if denied.
- Speak with an employment lawyer – Our team at Samfiru Tumarkin LLP can determine if the dismissal was justified.
When to Contact a Termination for Cause Lawyer
If you’re a non-unionized employee in Ontario, and were fired for cause, don’t assume your employer is right. In many cases, you’re still entitled to severance.
At Samfiru Tumarkin LLP, our top-reviewed legal team has helped tens of thousands of Canadians since 2007. Our Ontario employment lawyers will assess your situation, challenge wrongful terminations, and fight for your compensation.
📞 Call 1-855-821-5900 or contact us online today.
⛔ UNIONIZED? You must consult your union representative regarding termination, severance pay, and other workplace issues. These matters are governed by your collective bargaining agreement. By law, employment lawyers can’t represent unionized employees with these issues.
FAQ: Termination for Cause in Ontario
What is just cause for termination in Ontario?
It’s a legal term for firing an employee without notice or severance due to serious misconduct.
Can I get EI after being fired for cause?
Not usually, but you can appeal – especially if the employer got it wrong.
How do I know if my termination was legal?
Speak with an employment lawyer at Samfiru Tumarkin LLP. Many terminations “for cause” are actually wrongful dismissals.
What should I do if I’m fired with cause?
Document everything, don’t sign anything under pressure, and speak with Samfiru Tumarkin LLP right away.
Can poor performance lead to just cause?
Only in extreme cases. Most performance-related firsings still require severance.