DO NOT ACCEPT A TERMINATION FOR JUST CAUSE
Being terminated for cause has been described as the “capital punishment” of employment law in Ontario. In the event of a just cause termination, the employee is not provided with any advance notice of termination or payment in lieu thereof. They are also not entitled to receive Employment Insurance (EI) benefits during a
subsequent period of unemployment.
The onus is on the employer to substantiate a termination for just cause – and it is a high hurdle for the employer to surpass. A contextual analysis of the particular incident or series of incidents is required in order to determine whether an employer has just cause for termination. Examples of common grounds that support a just cause dismissal include the following:
- Dishonesty (fraud);
- Breach of trust;
- Workplace or sexual harassment;
- Absenteeism and lateness.
For more minor offences, employers will have to institute progressive disciplinary plans that provide various goal-posts for the employee to improve his or her behaviour in the workplace. If a continued failure to satisfy company standards is demonstrated by the employee, the employer may be able to satisfy the high threshold for just cause in the circumstances.
CONTACT AN EXPERIENCED EMPLOYMENT LAWYER TO DISCUSS YOUR RIGHTS. DO NOT ACCEPT A WRONGFUL DISMISSAL.
If you have been terminated from your employment for alleged just cause, kindly contact our employment law firm to review the circumstances around your dismissal and determine whether you are in fact entitled to a severance package. If the employer does not have a justifiable reason for the termination, you have a claim for wrongful dismissal and should contact an employment lawyer to protect your rights.
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