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.
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