A just-cause termination occurs where an employer believes that an employee’s conduct was serious or grave enough that the employer can avoid their legal obligation to provide the employee with notice or pay in lieu of notice for the termination. In such cases, the employee’s employment ends immediately, and the employee is not given any termination package or severance package.
An allegation of just cause is very serious with significant legal consequences for the employee and large amounts of money at stake. It can also seriously affect an employee’s reputation and can impact their ability to find a new job. If you have been dismissed for cause, it is imperative to consult with a knowledgeable employment lawyer as soon as possible.
The employment lawyers at Sultan Lawyers can help. We understand the ins and outs of employment law and workplace relations and can help you navigate the various obstacles an employer can put in your way while you pursue your rights. We have the knowledge and experience needed to effectively fight for you.
In order for a termination to be accepted as a just cause termination, the employee’s misconduct must affect the root of the employment relationship in such a way that the underlying confidence is shattered and cannot be repaired. Examples of such misconduct include:
In some cases, incompetence can be grounds for a just cause dismissal, but this will be hard for the employer to establish. For instance, an employer cannot fire an employee if they are dissatisfied with their performance. The employer will have to show that the employee went through a progressive discipline process, was repeatedly warned they were not meeting standards, given a chance to improve, and was still not meeting expectations.
At Sultan Lawyers in Toronto, our team provides exceptional legal advice to employees on a wide variety of workplace matters, including what steps to take if you have been dismissed for cause. We take pride in our reputation for excellence. Contact us online or at 416-214-5111 for a consultation.
“I want to sincerely thank Sharaf Sultan and his team for their assistance. Right from the beginning, I knew they were extremely knowledgeable and hard working. I also had confidence that Sharaf and his team understood my perspective and that they were prepared to work hard to receive the best result possible. Sharaf and his team were always professional and diligent when providing legal services. He truly went above and beyond my expectations. The whole team provided honest and precise services and they managed to solve any problems that arose during my case. I would definitely work with them again!!”C. Bell
“Kristine Gorman of Sultan Lawyers was terrific in helping me get a Canadian work visa. Responsive, friendly, but mostly incredibly thorough and efficient, she was a life line for when I needed wise counsel and focused expertise.”D. Baum, Ph.D., D.Min. Management Consultant
“Sultan Lawyers provided a great experience during a difficult time with my employer. Kristine was extremely thorough and knowledgeable when reviewing and articulating the risks and details of my severance package. I am thankful for Kristine as her expertise enabled and empowered me to confidently make a decision on my options.”James V.
“I wholeheartedly endorse Sharaf and Alexandra for their employment expertise and their impressive level of client service. Not only was their legal counsel top-notch, but Sharaf helped me navigate the tricky emotional waters related to my matter in a healthy way. He saw the big picture and helped me toward the best possible outcome for me now and into the future. As a lawyer myself, I realised that the smartest thing I could do in my circumstances was to have excellent legal advice, and Sharaf and Alexandra went above my expectations. It was empowering to work with them, and I can't thank Sultan Lawyers enough!”N. Haras
At Sultan Lawyers, we address and work with employees that have separated from their employer in several different ways. Understanding the circumstances surrounding a separation is essential for ensuring an…
In this final part of our three-part series on employment contracts and severance pay, we address employee entitlements when an employee does not have an employment contract or when the…
Harassment and bullying in the workplace occur across all sectors of employment. While the number of incidents of extreme forms of harassment at work, such as physical violence, has dropped…