Termination For Cause

In employment, the term “termination for cause” is a last-resort remedy. It is also sometimes referred to as the “capital punishment” of employment and labour law. Termination for cause occurs where the employer dismisses an employee without providing notice of dismissal or a severance package, as there is an alleged “cause” for the termination.

An employer has the right to terminate an employee for cause without providing reasonable notice. Just cause exists where the conduct is such that it becomes impossible for the employment relationship to continue.

Termination for cause is an appropriate response by the employer where there is prolonged and repeated misconduct or the employee has engaged in serious acts of wrongdoing such as habitual neglect of duty, incompetence, insubordination, or serious misconduct. It is also appropriate in cases where the employer has made attempts at using a progressive discipline procedure, however, the employee has not responded.

Employer Bears The Onus To Prove

Whenever employers terminate an employee for cause, they will bear the evidentiary burden of proving on a balance of probabilities that they had just cause, as they were the one who had alleged the cause. Termination for cause is examined on a case-to-case basis. When examining whether the just cause is justified, the employer will have to prove that the acts or omissions of the employee were so significant that the employee’s misconduct repudiated the employment contract and that the employment relationship can no longer continue.

How Law Wise Can Help EMPLOYERS?

We understand the risks involved when terminating an employee for just cause, as an improperly alleged cause can result in a wrongful dismissal proceeding. We can help provide the legal advice needed to ensure that all steps taken in a termination for cause meet the legal requirements necessary to avoid liability altogether or minimize liability if a lawsuit is inevitable.

If you are in need of legal advice concerning the termination of a particular employee, or if your company has been served with a lawsuit or notice of a legal proceeding in respect of the termination of one of your company’s employees, we invite you to CONTACT US.

Call us at +1 647 948 7819 today!

How Law Wise Can Help EMPLOYEES?

There may be situations where the employer states that he or she has terminated the employee for just cause, yet the just cause is improperly alleged. In such cases, CONTACT US to seek help from a LAW WISE employment lawyer to discuss how to proceed.

Call us at +1 647 948 7819 today!