Just Cause Terminations for Employees
What is a just cause?
In very rare cases, an employer can terminate an employee without notice, termination pay or severance if the employee has been guilty of serious misconduct, habitual neglect of duty, incompetence, conduct prejudicial to the employer or wilful disobedience. Just cause is, however, extremely difficult to prove, and the onus is on the employer. More often than not, just cause just isn’t there, and the employer is the one in the wrong, and thus the employee must be provided notice.
A false allegation of just cause can be costly for the employer. Employees who have been let go with just cause, where it is suspected the employer only alleged just cause to get out providing pay in lieu of notice, can sue their employer for reasonable notice (i.e. wrongful dismissal damages), and claim additional damages for bad faith in the termination process ($20,000 – $50,000), and finally claim a lengthier notice period because of the taint a just cause termination places on an employee.
Read our guide to just cause terminations for more.
How can Dutton Employment Law Help?
Our employment lawyers can advise whether your employer actually had just cause to terminate your employment, send a demand letter asking for pay in lieu of notice or launch a wrongful dismissal lawsuit.
Dutton Employment Law is just cause law firm.
If your employer has fired you for just cause, contact a Toronto just cause lawyer immediately. Depending on the circumstances, it is very likely your employer’s allegations are misguided.