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.

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.

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.