As discussed in previous postings, a termination for cause is considered the “capital punishment” of employment law. Unless your employer has put you on a progressive disciplinary plan, where they have clearly outlined the areas of improvements and provided measurable objectives and timeline, and you have failed to meet all milestones, it is unlikely that a Court will find that there is a basis for a just cause termination based on your inability to perform your job satisfactorily.
Other considerations that may justify a termination for cause, include but are not limited to (1) persistent absenteeism and lateness; (2) gross misconduct at work, including harassment or assault, the creation of a toxic work environment, privacy violations, or the continuous and complete inability to follow company protocols.
We have found that many employers in Ontario are uninformed with their statutory and common law obligations. Many terminated employees contact our law firm advising that they have been terminated for cause for an alleged misconduct that happened several years ago and constituted a minor disagreement with a colleague or supervisor. These employees often have over a decade of experience, and they are worried and hesitant to pursue their former employers.
Do not leave money on the table. If you have accumulated substantial length of service for an employer and have been terminated for cause, without a substantial and compelling basis, you have the right to pursue the former employer for a severance package, which could represent several thousands of dollars. As always, please consult a lawyer if you have lost your job to discuss your rights and entitlements.