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:

• fraud/theft/dishonesty
• sexual assault
• violence/harassment/bullying/inappropriate behaviour
• insubordination
• 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.