Termination of Employees: Dismissal For Cause
Terminations are never easy.
But unpleasant surprises and prolonged litigation can be avoided when fully informed decisions are made regarding the merits and consequences of a termination decision.
Samfiru Tumarkin LLP can help managers in Ontario, Alberta and B.C. determine whether a termination is warranted under the circumstance, evaluate the associated risks and, where appropriate, consider alternative management strategies.
We provide authoritative advice regarding statutory and common law entitlements and other legal considerations. We can assist in crafting severance arrangements that are consistent with your organization’s strategic objectives, and prepare suitably-tailored termination documents.
What You Need to Know
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Review Your Options
Before terminating an employee without cause, discuss your options and possible consequences with one of our employment lawyers in Toronto, Vancouver, Calgary or Ottawa. -
Termination For Cause is Difficult
It is extremely difficult to terminate an employee ”for cause,” or without severance pay. Speak with one of our employment lawyers before taking any action.
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Proper Preparation
Ensure that a severance offer, severance agreement or termination document is properly written and prepared -
Employment Contracts
Having employees sign employment agreements at the start of their employment can help minimize the impact of termination on the employer, where severance pay is concerned
WATCH: Employment lawyer Lior Samfiru discussed everything you need to know about termination for cause on an episode of the Employment Law Show.
Termination of Employees: How We Can Help
It is important to seek authoritative advice regarding statutory and common law entitlements and other legal considerations when it comes to the termination of employees. We can assist in crafting severance arrangements that are consistent with your organization’s strategic objectives and prepare suitably-tailored termination documents.
With our extensive experience in the area of wrongful dismissal litigation, we are ideally positioned to provide the expert guidance needed to achieve your goals during any post-termination negotiation or, when necessary, to successfully defend your position in court before an employment law tribunal. Our firm continually monitors and evaluates developments in the law to give our clients a strategic edge in wrongful dismissal litigation.
When Is Dismissal For Cause Appropriate?
Employees terminated for cause may not be able to collect employment insurance (EI) benefits, and will likely experience difficulty finding other employment. As a result, it is extremely difficult to terminate employment for cause. Typically, only the most serious forms of misconduct such as theft or dishonesty would be considered just cause.
Employers must rely on a legal test to determine if an employee’s misconduct or inappropriate actions are grounds for dismissal. They must not only prove that the misconduct existed, but also that termination was the appropriate response.
Dismissal for Cause: Capital Punishment
A “for cause” dismissal is considered the capital punishment of employment law in Ontario, Alberta and British Columbia. An employer has the right to dismiss an employee without providing them either notice or severance pay, if that employee’s conduct is completely inappropriate and inexcusable. The following acts of misconduct are often cited by employers as reasons for just cause for dismissal:
- Lateness / Tardiness
- Poor Performance
- Absenteeism
- Off-duty and Workplace Conduct
- Theft
- Dishonesty
- Inappropriate conduct on social media
Premature Termination
In most cases, termination of the employee is completely premature. It is common that an employer has not properly investigated a workplace incident or brought forward the allegation to the individual for their side of the story.
Before an employee is terminated for cause, employers should determine if their argument for termination is acceptable. It is vital that an employment lawyer at Samfiru Tumarkin LLP review an employer’s argument, and advise as to whether or not “capital punishment” is warranted.
Our firm has vast experience defending employers in BC and Ontario in cases concerning dismissal for cause. Contact us today.
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