Termination Without Cause

Understanding termination without cause

In Canada, a termination without cause occurs when an employer ends an employee’s job without specific reasons related to serious workplace misconduct or insubordination (known as termination “for cause”). It’s akin to being laid off or let go without being at fault.

Explore termination without cause in your region:

Ontario  Alberta  British Columbia

WATCH: Employment Lawyer Lior Samfiru explains the essential things to know when you lose your job, on an episode of the Employment Law Show.

Your rights

If you are terminated without cause, you are entitled to one the following:

• Severance pay
• Notice of termination (or working notice)
• A combination of both severance and working notice

It’s crucial to consult an employment lawyer at Samfiru Tumarkin LLP to ensure you receive fair treatment and a proper severance package. If your package does not reflect factors unique to your situation, you might have a wrongful dismissal claim.

Termination without cause FAQs

Do I have to sign termination papers or a severance offer by a deadline?

You have no legal obligation to accept a severance offer by a certain deadline. Your rights under provincial employment laws do not expire by the date on the offer. You have two years after termination to pursue your rights with the help of an employment lawyer.

How does an employment contract affect severance pay?

An employment contract can limit the amount of severance pay you are owed through a termination clause. It’s important to have your contract reviewed by an employment lawyer at Samfiru Tumarkin LLP to determine its enforceability and ensure you receive what you’re entitled to.

How much severance am I owed following a termination without cause?

Severance pay is calculated based on several factors, including age, length of employment, position, salary, and ability to find new employment. You could be owed up to 24 months’ pay.

Can my employer terminate me without any warning?

Your employer can terminate your employment without warning, as long as it’s not for discriminatory reasons. In such cases, you’re entitled to appropriate notice or severance pay.

Can I sue my employer for firing me for no reason?

If you’re terminated without cause and don’t receive proper notice or severance pay, you may have a wrongful dismissal claim. It’s important to seek legal advice to determine your options.