In Ontario, when an employer terminates someone’s employment, they are obligated under the Employment Standards Act (ESA) to provide them with reasonable notice or pay in lieu of notice, as well as possible termination or severance pay. However, if an employee is being terminated for cause, these standards may not apply. Termination for cause may have serious implications for the employee, not only in the moment of termination but also in respect to seeking future employment.
If you have any questions regarding a termination for cause matter or would like to discuss the specifics of your case, contact our Toronto termination for cause lawyers today for a no cost consultation.
What constitutes Termination for Cause in Ontario?
Termination for cause applies to workplace violations. It has been called the “capital punishment” of employment law.
What Happens If You’ve Been Terminated With Cause?
If you have been terminated with cause, you do not receive any compensation. You are not entitled to notice of termination, termination pay, or severance pay. Your employment insurance application will show that you have been terminated with cause. This may be a problem when you are looking for work again.
What Are Examples Of Termination For Cause?
Examples of termination for cause may include:
- Sexual harassment;
- Theft;
- Criminal conduct;
- Undisclosed conflict of interest;
- And more.
Can An Employer Fire You For Just Cause?
An employer can fire you for just cause, but they must prove that just cause is reasonable under the circumstances. They have to look at the nature of the employee’s misconduct, and the circumstances surrounding it. They must then determine whether dismissal for just cause is an appropriate response under those circumstances.
Who Has The Burden Of Proof For Termination For Cause?
The employer is the party who bears the onus of proof. It is a very high threshold to prove just cause.
How Can An Employment Lawyer Help Me If I’ve Been Terminated For Cause?
An employment lawyer may be able to look at the reasons underlying your termination for just cause. It is possible that an employer has reacted too quickly to circumstances that may have been unclear. An employment lawyer may be able to take that termination, wherein there may be no substantial proof to terminate for just cause, and turn that into a wrongful dismissal case to get severance and termination pay for you.
How Do Employers Successfully Establish A Valid Termination For Cause?
Employers must undertake certain legal assessments to show that the employee was engaged in misconduct, that the misconduct was severe, and that termination for cause was the only option available to the employer.
What Are My Rights If I’ve Been Terminated With Cause?
Call an employment lawyer to inform yourself about your rights. A lawyer can help you sue the employer for wrongful dismissal, and obtain damages for you, as long as the termination for just cause has no basis in law.
How Do Legal Proceedings For Termination For Cause Work?
The first step is usually a letter to the employer informing them we may take legal action if they do not overturn their decision. If they fail to do so, a lawsuit would be issued and served to that employer, who would then file a statement of defence. Then the litigation process would begin.
How Do Employment Lawyers Charge For Termination For Cause Cases?
We work under the contingency agreement, approved by the Law Society of Ontario. We would not charge any fee unless we successfully resolve the case, win at trial, or in a judgment by the court. The fee is a percentage, with some discretion depending on the circumstances. There is something called costs that we obtain from the defendant, which we give to you, the client. That amount of money for costs helps offset some of your legal bills.
Contact Our Termination for Cause Lawyers For a Free Consultation Today
Termination for cause can bear severe implications for an individual’s future employment. If you believe you have been wrongfully terminated for cause, working with an employment lawyer may be essential in making sure you understand your legal rights.
If you would like to discuss the specifics of your disability leave and learn what options may be available for you, contact us today to schedule a free consultation with our Toronto termination for cause lawyers.
*Please be advised that the content of this article is intended as a general overview on the subject of termination for cause in Ontario, and should not be construed as legal advice. For legal advice, please consult with a lawyer.
