What is dismissal for just cause?
If you engage in serious workplace misconduct, such as theft, dishonesty, or fraud, sometimes your employer may have the right to dismiss you for just cause. When dismissed for just cause, you are disqualified from receiving termination pay, a severance package, or reasonable notice.
What can you do if you have been fired for just cause?
It can be exceedingly difficult for your employer to demonstrate that your behaviour was so bad that there was no other alternative but to immediately dismiss you. Only the most serious form of misconduct will meet this test.
Many employers will allege that there is just cause as a tactic to try to reduce or avoid paying you severance pay. Therefore whether just cause for dismissal exists can often be disputed. This is where wrongful dismissal claims often come into play, as it can be disputed whether just cause truly existed.
If you believe you have been wrongfully dismissed or that the allegations do not meet the legal standard for just cause, speaking to an experienced employment lawyer to seek legal counsel is imperative. An experienced employment lawyer can review your individual circumstances, explain your rights, and determine whether you can successfully challenge your employer’s allegations and pursue a fair severance package and damages arising from your dismissal.
What are some of the reasons that employers use to claim dismissal for just cause?
Your employer may cite several distinct reasons to justify dismissing you for just cause, often alleging that your actions were so severe that they fundamentally breached the terms of the employment or employment contract. They could include:
- fraud/theft/dishonesty
- sexual assault.
- violence/harassment/bullying/inappropriate behaviour
- insubordination
- off duty conduct
- conflict of interest
- criminal arrest or charge
However, even when these reasons are cited, proving just cause in legal proceedings is challenging for employers. The standard of proof is high, and they must demonstrate that the misconduct was so severe that there was no alternative but to terminate the employment. Unless there has been repeated or particularly egregious misconduct, the employer may struggle to meet this burden of proof.
Given the complexities involved, employees who are dismissed for just cause often have grounds to dispute the termination. It is common for employers to allege just cause to avoid paying severance or other entitlements, leading to wrongful dismissal claims. The outcome of such disputes heavily depends on the individual circumstances of the case, including any mitigating factors or reasons that may have contributed to the behavior in question. This is why it is vital to consult with wrongful dismissal lawyers who can assess your case, advise you on your rights, and help you navigate the legal process to challenge the employer’s actions.
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What can a just cause dismissal lawyer consultation at Whitten & Lublin do to help you?
Once we have heard and understand your individual circumstances, we will discuss whether your employer’s actions amount to wrongful termination and if you have grounds for a wrongful dismissal claim. We will work with you to explain your rights, develop a strategy, and execute the game plan to support your case.
We have your back. Let an experienced employment lawyer at Whitten & Lublin assist you in enforcing your rights and preserving your reputation.
If your employment is federally regulated and your employer proves just cause, they are not legally required to give you notice or severance pay. However, if your employment is provincially regulated and your employer proves just cause, you would still be owed your entitlements under the Employment Standards Act, 2000. (ESA) The just cause would just extinguish your entitlements to common law reasonable notice above and beyond your ESA minimums. The only way to owe a provincially regulated employee no notice or severance pay at all is to demonstrate wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer.
However, proving just cause is difficult, and many employers fail to meet the high legal standard required to justify an immediate dismissal. Meeting the higher threshold of wilful misconduct is even harder, and is rarer in employment law. If you were fired without notice, don’t assume your employer’s actions were lawful. Speak to a just cause dismissal lawyer to determine whether your employer truly had just cause. If they didn’t, you could be entitled to wrongful dismissal damages, severance pay, or additional compensation. Even if cause was present, you may still have significant entitlements under the ESA.
For an employer to successfully claim just cause dismissal, they must prove that your misconduct was so severe that continued employment was impossible. They must also demonstrate that they considered less severe disciplinary measures and that firing you was the only reasonable option.
The burden of proof rests entirely on the employer, and courts often side with employees unless the employer can provide clear, documented evidence of serious misconduct. If your employer is claiming just cause, you need to speak with an experienced employment lawyer to determine whether they have a valid case or whether you’ve been wrongfully dismissed.
If an employer proves just cause and your employment is federally regulated, they are not required to provide severance pay. However, if your employment is provincially regulated, just cause is only enough to take away your common law reasonable notice entitlements. Your entitlements under the Employment Standards Act, 2000 can only be taken away if the employer can prove wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer.
Proving just cause in court is not a foregone conclusion. Demonstrating the higher threshold of wilful misconduct is harder still. Many employees who are fired for alleged misconduct are still entitled to severance. If you were dismissed for just cause, it’s important to consult with a just cause dismissal lawyer before accepting your employer’s decision. You may be able to challenge the termination and secure the severance pay and damages you deserve.
Many employees assume that if they were fired for just cause, they have no legal options but that’s not true. Employers often misuse just cause claims to avoid paying severance, even when the allegations don’t meet the legal standard. Challenging a wrongful just cause dismissal can help you secure compensation and protect your professional reputation.
At Whitten & Lublin, we have helped many employees challenge wrongful terminations and recover the severance pay they were rightfully owed. If you’ve been dismissed for just cause, don’t let your employer dictate your future, speak to our team today and let us help you protect your rights.
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