Dismissal for Just Cause
Your employer may have the right to dismiss you for just cause if you engage in serious workplace misconduct
Here is what you need to know about being dismissed 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. This means you are disqualified from any termination pay or severance package.
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. Therefore, whether just cause for dismissal exists can often be disputed. Speaking to an experienced employment lawyer to review your individual circumstances is imperative to determine whether you can successfully challenge your employer’s allegations and claim compensation and damages arising from your dismissal.
There are several distinct reasons an employer may use to justify dismissing your for just cause. They could include:
- sexual assault
- violence/harassment/bullying/inappropriate behaviour
- off duty conduct
- conflict of interest
- criminal arrest or charge
However, a termination for just cause can be so difficult to prove that unless there has been serious, or repeated misconduct at work, you may have a strong case against your employer. So much depends on the individual circumstances of each situation, including whether there are any mitigating circumstances or other factors that contributed to your behavior. This is why it is vital to meet with an employment lawyer to review your case.
Once we have heard and understand your individual circumstances, 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 the lawyers at Whitten & Lublin assist you in enforcing your rights and preserving your reputation.
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In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact us to learn how we can help you understand and resolve your workplace legal matter.
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