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Terminated Without Severance Pay?

Many employees call our law firm indicating that they have been terminated for cause from their employment; and accordingly, not provided with any severance or termination pay.  In many instances, the employee’s conduct does not justify a dismissal for cause, and as such, the employee was wrongfully terminated from their employment.  In these circumstances, it is best to consult with an experienced employment lawyer to determine your rights.

Termination for cause in Ontario has been described as the “capital punishment” of employment law. Courts will only find that cause for a dismissal in the most extreme of circumstances. Because when you are dismissed for cause, you are not entitled to a severance package and you may not be eligible for Employment Insurance (EI) benefits. Ontario Courts have held that an employee may be terminated for cause if they are guilty of serious misconduct or willful disobedience in matters of substance. The onus is on the employer to establish that just cause for dismissal existed in the circumstances. The case law in Ontario sheds lights on some specific examples regarding when a Court will uphold a dismissal for just cause.

An employee can challenge an employers’ decision to dismiss them for just cause on the basis that they were wrongfully dismissed from their employment. We are experiencing in assisting employees in this regard.

There is also a different standard when terminating an employee in determining his entitlements to termination pay. Under the Employment Standards Act, employees have minimum entitlements on termination. The Courts in Ontario have held that in certain circumstances an employees misconduct may be sufficiently serious to oust an entitlement to common law reasonable notice but not to the employees statutory rights to a base level of termination and severance pay.

Determining whether you have been wrongfully dismissed based on a termination for cause is based on a host of factors which depends on your specific circumstances. If you have been terminated for cause in Ontario, feel free to contact our employment law firm for a free consultation to discuss your rights.

 

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