Termination for just cause is taken place when an employee’s behavior, actions or interaction with their coworker, manager, and clients at a workplace is so egregious. Moreover, whenever an employer terminates an employee for just cause, he/she must have a legit reason to terminate. As a consequence, the worker cannot obtain any termination or severance pay. The termination for just cause is considered as capital punishment in Canada.
What should be done when you have been dismissed for “Just Cause”?
Usually, when employees are fired from their duties, an employer provides advance notice to improve their performance otherwise they will be fired. In such cases, when termination is taken place, the employee gets their deserved termination or severance pay. However, in dismissal for just cause, no termination or severance pay is provided.
If such happens to you, you have the right to ask your employer to show that your actions are egregious and it has been the reason for your termination. When the employer has a solid reason for your termination and, he/she can prove it, then you do not have another option. On the other hand, if the employer fails to prove, it will be considered as wrongful dismissal, and you can get in touch with an employment lawyer in Toronto to take lawful actions.
What are the Reasons an Employee Is Terminated for Cause?
Whenever an employee is dismissed for just cause, the employer has to mention the reason in their termination letter. The following stated situations can be a cause of termination for just cause:
- Violation of the corporate ethics policy
- Breach of contract
- Extreme insubordination
- Failure to follow company policy
- Violence or threatened fighting
- Watching pornography online
- Failing alcohol or drug test
- Threats or threatening behavior
- Stealing company funds or possessions
- Falsifying records
- Harassment with coworkers
- A conviction for some crimes
Is One Action sufficient to Warrant termination for Just Cause?
Its answer is No. Usually, an employer cannot warrant termination for just cause on behave of a single act of misconduct until the action is quite severe to warrant summary dismissal. The Canadian employment law does not allow it as the employment keeps huge importance in a person’s identity. An employee should be received advance notice in case of their low performance or any misconduct actions before being fired.