Have you Been Terminated for Cause? Our Hamilton Employment Lawyers have been Fighting for Wrongfully Terminated Employees since 2003. No Fees Unless We Win.
Free Consultations Provincewide. Call 905-333-8888 or Send us a Message Today.
Don’t settle for less than you deserve. Contact us today for a free, no-obligation consultation. We work on a contingency basis, which means you don’t pay unless we win your case.
If you have been fired from your job in for alleged “just cause”, you may be feeling unsure of your rights. As an employee, it’s essential to understand that a just cause termination is a serious matter that is not taken lightly by the courts. In order for an employer to prove they had just cause to summarily dismiss an employee without reasonable notice or severance, they must meet a high legal threshold. The misconduct must be so egregious that it amounts to a repudiation of the employment contract and strikes at the very heart of the employment relationship.
At Lalande Personal Injury Lawyers, our experienced Hamilton employment lawyers have helped many individuals across Ontario who have been wrongfully dismissed for alleged just cause. We understand the stress and uncertainty you are facing and are here to vigorously defend your rights. The following provides an overview of the key legal principles related to just cause terminations to help you understand your options and entitlements.
What is Just Cause Termination?
In the context of employment law, “just cause” refers to misconduct by an employee that is so serious that it gives the employer the legal right to terminate the employee without providing reasonable notice or pay in lieu of notice. However, there is no fixed rule on what constitutes just cause. Whether an employee’s misconduct amounts to just cause for dismissal depends on the specific facts and circumstances of each case. Physical violence often constitutes grounds for just cause termination but requires contextual consideration of severity and frequency.
For an employer to establish just cause, the misconduct must be serious enough that it violates an essential condition of the employment contract, breaches the faith and trust inherent in the employment relationship, or is fundamentally inconsistent with the employee’s obligations to their employer.
Some examples of misconduct that may amount to just cause include:
- Serious dishonesty, such as theft or fraud
- Insubordination or serious breaches of policy
- Conflict of interest
- Assault, harassment or violence
- Serious performance issues that are unresolved despite progressive discipline
Importantly, the analysis of whether misconduct amounts to just cause must be contextual. In making this determination, courts will consider all relevant factors, including:
- The nature and seriousness of the misconduct
- The employee’s length of service and disciplinary history
- The employee’s role and responsibilities
- Any mitigating circumstances
- Whether dismissal is a proportional response to the misconduct
In some cases, a single serious incident of misconduct may justify dismissal for cause, but usually a pattern of misconduct or unresolved issues despite progressive discipline is required. The onus is on the employer to prove just cause, and the standard is high. Just cause will not be found unless the misconduct is sufficiently serious that it “strikes at the heart” of the employment relationship. Poor performance or minor transgressions alone will not meet the threshold.
In summary, to amount to just cause for dismissal in Ontario, an employee’s misconduct must be serious enough that it fundamentally undermines the employment relationship and justifies termination without notice, based on a full contextual analysis. Determining whether just cause exists in any specific case requires a thorough review of all relevant facts and circumstances in light of the well-established legal principles.
I’ve been Terminated for Cause – can I get Severance Pay?
If you are terminated for alleged serious misconduct, you are not entitled to any termination pay or termination notice under Canadian common law. Just cause is a high legal threshold that requires your employer to prove that your misconduct was so serious that it fundamentally ruptured the employment relationship and warranted your immediate dismissal. However, if your employer alleges just cause but cannot substantiate it, you would be considered wrongfully dismissed and entitled to damages in lieu of reasonable notice, which effectively serves as severance pay.
How will a Court Assess Termination for Cause?
Our Courts are responsible for determining whether or not your employer has met the onus of termination for cause. It is their burden to prove. Typically, the issue of cause is examined in a contextual approach, assessing the misconduct in light of the surrounding facts of the particular case.
A court will normally look at whether or not your misconduct was so serious or so bad that it strikes at the heart of your employment relationship. The court will look at the nature and the extent of your misconduct but will look at other things, such as:
- your age
- your employment discipline history
- your seniority
- your role in the company
- your responsibilities and the company
- your personal circumstances
When looking at the employer’s side of the case, a Court will typically look at:
- nature of your employer’s business activity
- any relevant employer policies or procedures
- the employee’s position within the organization
- the degree of trust reposed in the employee
- The severity of the potential or actual harm to the employer as a result of your misconduct
- Wether you were issued a warning, were spoken to, were written up and whether your employer instituted progresive discipliny action
Then, when weighing these factors, a court will decide whether summary dismissal was warranted as a proportional response to your actions. A court will look to strike a balance between the severity of your misconduct and the sanction imposed. The cause is very, very hard to prove and is a very high onus for the employer.
Just Cause: Will a Judge look at my Overall Character of Employment?
Normally, yes. A court will consider the character of the employee’s employment to determine whether the employee’s alledged wrongdoing gives rise to a breakdown of your workplace relationship. If the nature and seriousness of the misconduct defeat the purpose of your employment arrangement, then summary dismissal may be justified. For example, a person in a senior position has a fiduciary duty to his or her employer and a court must examine whether those fiduciary duties are breached.
Are you in a Position of Trust?
Yes, the nature of your position plays a significant role. Courts assess whether your role involves a high degree of trust, responsibility, or autonomy. For example, if you’re a mortgage broker, banker, or someone entrusted with handling money, the court will carefully consider the implications of any alleged dishonesty or theft. Similarly, if you’re in a management role and accused of harassing employees, or a professor accused of grading students unfairly, your authority and discretion heighten the seriousness of the problem. The more trust your role demands, the more likely a breach of that trust will justify termination for just cause. In these cases, the character of the employment relationship is central to determining whether the misconduct irreparably damages the employment bond.
Termination for Cause: Will a Court Consider how Long I was Employed?
When you have been fired for alleged just cause, you may wonder whether the court will take into account how long you had worked for your employer. The answer is yes – your length of service is one of the key factors that judges will consider when deciding whether your employer had sufficient justification to terminate your employment without notice.
This is particularly true if you are a long-term employee with a clean disciplinary record, and your employer dismissed you for cause after a single alleged incident. In cases like this, judges will carefully examine whether your misconduct was truly serious enough to warrant the drastic step of firing you without notice, or whether your employer should have used progressive discipline instead.
The logic behind this approach is that an employee who has served their company loyally for many years deserves more latitude than a new hire who engages in misconduct. As a long-term employee, an isolated incident on your part may be seen as uncharacteristic rather than true just cause for dismissal.
However, it’s important to understand that while your length of service is a significant consideration, it’s not the only factor the court will look at. Ultimately, the key question is always whether your misconduct was severe enough that it effectively destroyed the employment relationship, looking at all the circumstances. Even a long history of employment won’t save you from dismissal if your actions were truly egregious.
In fact, the courts have made clear that judges are not required to do a formal “balancing” of your length of service against the seriousness of your alleged issue. While your tenure is relevant and will be weighed in the overall analysis, it is not necessarily a deciding factor on its own. The exact significance given to your length of service will depend on the specific facts of your case.
So, while there are no guarantees, if you are a long-term employee fired for alleged cause, you can take some comfort in knowing that the court should examine your boss’ decision with an extra degree of scrutiny. However, if your wrongdoing was so serious that it violated the fundamental trust required in an employment relationship, you may still be fired for cause regardless of your tenure.
In the end, every case turns on its own unique facts. But as a general principle, your length of service as an employee is an important part of the contextual picture that judges will consider when assessing whether your termination for cause was truly justified.
What if I had a Clean Record – Does it Matter?
As an employee, your disciplinary track record forms an important part of the overall context that judges will consider when deciding whether your termination for cause was warranted. If you had a spotless performance history and no prior warnings or discipline, this weighs heavily in your favour. It suggests that any alleged impropriety on your part may have been a one-time lapse in judgment, rather than a pattern of ongoing problematic behaviour.
Courts recognize that a single incident of misconduct by an employee with a long, clean work history may not be sufficient to meet the high threshold for just cause. Judges will carefully examine whether your employer should have used progressive discipline, such as a warning or suspension, rather than resorting to the “capital punishment” of a just cause dismissal.
It is not a Get out Jail Free Card
However, it’s crucial to understand that a clean disciplinary record is not a “get out of jail free” card. Even an employee with an exemplary work history can be fired for cause if their misconduct is so severe that it violates the core of the employment relationship. For example, if you engaged in serious theft, violence, or sexual harassment, a court may find that summary dismissal was appropriate despite your prior good record.
Ultimately, the key question is always whether your misconduct, in light of all the issues, was serious enough to justify fire you without notice. Your positive work history is one important factor in that analysis, as it speaks to your character and the likelihood that the misconduct was truly an aberration. But it will be weighed together with other key considerations, such as the severity of your actions and their impact on the employment relationship.
So while a clean disciplinary record is certainly a point in your favour and may give you a strong argument against a just cause finding, it’s not an absolute protection. The court will still examine the full context of your dismissal to determine whether your employer’s decision to terminate you for cause was justified in the circumstances.
As an employee, the best approach is to work with an experienced legal counsel who can assess the strength of your case and build a compelling argument based on your unique facts. With a strong advocate in your corner, you can ensure that your positive work history is given the weight it deserves in challenging an alleged just cause termination.
Proportionality in Termination: Was the Response Too Harsh?
When you’re challenging a just cause dismissal, one of your strongest arguments may be that the punishment of termination was disproportionate to the seriousness of your misconduct. Courts will carefully assess whether your employer’s response was reasonable and balanced in light of the actual severity and impact of your actions.
If your misconduct was relatively minor or isolated, and your employer jumped straight to firing you without using progressive discipline first, this may be seen as an overreaction. The court may find that a warning or suspension would have been more appropriate than summary dismissal.
On the other hand, if your misconduct was very serious and caused significant harm to your employer, an immediate just cause termination may be considered proportional, even for a first offence.
The proportionality analysis is highly fact-specific, and will depend on factors like the intentionality of your actions, any dishonesty or remorse on your part, and the actual damage caused. A skilled employment lawyer can assess your unique issues and argue that your employer’s response was excessive and unjustified.
If you can show the court that a just cause dismissal was a disproportionate and unreasonable reaction to your alleged misconduct, you may be able to successfully challenge the termination and obtain fair compensation.
I was fired after 23 years after being accused of time theft. 59 years old. No warning. Nothing. Matt ended up getting me 21 months without going to court. Finding another job was a complete nightmare at my age – but thankfully Lalande helped me with a cushion to support my family. I would recommend Matt 100% – Dave Foster
Do Employers Have to Warn You Before Termination?
Remember, each case is decided on its own facts. Every case is different, and it depends on your particular situation. However, in most cases, before you are terminated for cause, you should have been advised that the misconduct is a matter of serious significance, and its continuation could place your employment in jeopardy.
Unless a single act of misconduct is extremely serious toward immediate termination, which is quite rare, your employer has a duty to warn you that your misconduct could result in dismissal for cause should further misconduct occur. (See Babcock v. C.&. R. Weickert Enterprises Ltd, 1993 CarswellNS 231 (N.S. C.A.)
Employers should follow a process of progressive discipline, which involves clarifying objectives and providing a structured path for improvement, before considering termination.
Warnings are particularly important when repeated misconduct relates to poor performance.
In a case out of BC called Burden v. Bank of Nova Scotia, 1997 CarswellBC 2018 (B.C. S.C.), the Judge noted that:
“An employer may dismiss an employee summarily for repeated instances of unacceptable work performance, where the employer has shown it has established a reasonable and objective standard of work performance, warned of the consequences of failure to meet the standard and given the employee time and assistance to remedy her work performance.”
Termination for Cause: does my Employer have to give me a Final Warning?
Again, depends on the situation because each case is decided on its own facts. However, in most cases, the employer may only rely upon prior misconduct where a final warning is given prior to the culminating incident that forms the basis of the just cause dismissal. In order for an employer to be able to rely on the final warning as part of an allegation of cumulative just cause:
- the final warning must be given before the final culminating incident
- the employee must be aware of the final warning
- the employee must be given a reasonable opportunity to improve after the final warning was issued. The reasonable amount of time for improvement will vary depending upon the nature of
- the problem (for example, a performance issue may require more time to rectify than a purely behavioral issue).
- the employee has failed to improve his performance, after the final warning
- the cumulative effect of the misconduct must prejudice the proper conduct of the employer’s business.
What if my Employer Didn’t Warn me that I could be Fired?
If your employer terminated your employment for just cause without first warning you that your misconduct could lead to dismissal, you may have grounds to challenge the just cause termination.
Under the common law, employers are generally expected to engage in progressive discipline before resorting to the drastic step of firing an employee for cause. This means your employer should have clearly explained to you that your conduct was unacceptable and given you an express warning that further misconduct would jeopardize your job. The failure to provide such a warning could significantly undermine your employer’s just cause case.
There are some exceptions to this general rule. If your misconduct was so egregious and seriously damaged the employment relationship that your employer could not reasonably be expected to continue employing you, then a single incident may justify immediate dismissal without any prior warnings. But for most types of misbehaviour, particularly if it relates to poor performance, the courts expect employers to communicate their expectations and give employees a fair chance to correct the problem before pulling the termination trigger.
When an employer lets misconduct slide without comment or consequence, it is considered condonation in legal terms. Essentially, your employer’s silence may be seen as acquiescence, leading you to reasonably believe your behaviour was accepted. In such circumstances, abruptly firing you for just cause represents an unfair and disproportionate response to conduct your employer previously condoned through inaction.
Of course, whether your employer’s failure to warn you will be fatal to their just cause defence depends on the specific facts of your case. Relevant considerations include the seriousness of your misconduct, whether your actions were deliberate or inadvertent, the actual harm caused to your employer’s interests, and any other extenuating or mitigating factors. But as a general proposition, the lack of any warning will be a significant strike against your employer.
Examples of when an Employee can be Fired for Cause
Some examples (taken from past cases) of employees terminated for cause were found when:
- the employee, in an attempt to obtain a job, misrepresents his or her background, skills or qualifications at the hiring stage;
- an employee driving a company vehicle or operating company machinery while intoxicated;
- an employee was fighting with a fellow employee. Employee violence has been held to be cause for misconduct;
- an employee sexually harassed a female co-worker. Sexual harassment may justify termination for cause since it interfered in the proper operation of the employee’s business;
- rude and racist joking in front of customers has been held to be cause for discharge;
- an employee engaged in hurtful and malicious conduct toward a co-worker;
- employees in control of a truck who admitted to drinking beer in the vehicle while hauling critical employer equipment and also lying about the incident were dismissed for cause;
- threats of violence can be held to be cause for termination;
- employees have been willfully disobedient. Willful disobedience by an employee to a lawful and reasonable order is cause for dismissal since it repudiates the essential condition of the
- employment relationship that employees must obey their employer’s instructions. However, if an employee is incapable of obeying a command, then his or her termination will not be justified
- an employee was found to have stolen from his employer. Theft is one area where the employee has few defences to a judicial ruling that just cause exists. Even one isolated act is cause for dismissal. Theft and dishonesty are the most serious charges of misconduct and justify an employer terminating the employment relationship. Employers are entitled to honesty from their employees. When theft involves criminal charges, an employee can still be terminated if the employee is acquitted. Even if a court does not find beyond a reasonable doubt that he or she committed a crime, it is still possible that the company can prove cause for discharge based on the balance of probabilities.
- an employee was found to have prejudiced the employer during off-hours. Any conduct at home or at work can be justification for dismissal if it is prejudicial to the best interests of the employer. For example – In a case called Kelly v. Linamar Corp., the Ontario Superior Court of Justice held that the employer had cause to dismiss an employee who had been charged with, but not yet convicted of, possession of child pornography at the termination date. The employer had built a good reputation in the community, which included the promotion of activities involving youth. The termination was a reasonable step in the preservation of such reputation.
How are Damages Calculated if I win my Case?
If a court determines that your employer lacked just cause to terminate an employee, the employee would be entitled to severance pay – otherwise known as wrongful dismissal damages or damages for payment in lieu of reasonable notice. In Canada, reasonable notice is not determined by a fixed formula but rather by a contextual assessment of various factors, such as the employee’s age, tenure, position, and employability.
How is Reasonable Notice Calculated?
The reasonable notice period tends to range from a few weeks for short-service employees to up to 24 months or more for long-serving senior personnel. Damages would typically include all compensation and benefits the employee would have received during the notice period, including base salary, commissions, bonuses, benefits, pension accruals, and allowances.
For instance, if a court concludes that a 12-month notice period is appropriate, the employee’s severance pay would amount to their total remuneration for that one-year period. The employee has a duty to mitigate their losses by seeking comparable alternative employment. Any income earned during the notice period would be deducted from their damages award. However, challenges in securing new employment due to the circumstances of the dismissal may extend the notice period.
In certain cases, additional damages may be available if the employer acted in bad faith during the termination process. If the employer made unsubstantiated allegations that harmed the employee’s reputation, aggravated or moral damages might be awarded to compensate for the employee’s mental distress. In extreme cases where the employer’s conduct was especially egregious and offensive to the court’s sensibilities, punitive damages might even be considered to denounce and discourage such behavior.
How do I Find an Employment Lawyer Near me?
When faced with an employment-related legal issue, such as a wrongful dismissal or discrimination claim, it is crucial to find a skilled and experienced employment lawyer who can protect your rights and advocate on your behalf. However, with so many lawyers and law firms to choose from, it can be challenging to know where to start your search. Fortunately, there are several effective ways to find an employment lawyer near you who can provide the legal guidance and representation you need. Here are some top strategies to consider:
Referrals from Friends and Family – One of the most reliable ways to find a reputable employment lawyer is through referrals from friends, family members, or colleagues who have previously engaged legal counsel for employment matters. They can provide firsthand insights into their experience with a particular lawyer or law firm, which can help you make an informed decision.
Lawyer Referral Service – The Law Society of Ontario’s Lawyer Referral Service is a valuable resource for finding an employment lawyer in Ontario. By visiting their website at https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service, you can submit a request to be matched with a licensed lawyer who practices employment law in your area.
The service will provide you with the lawyer’s contact information, and you can schedule a free 30-minute consultation to discuss your legal issue and determine whether the lawyer is a good fit for your needs. While this service can connect you with a licensed lawyer, it is still important to conduct your own research and due diligence before hiring an employment lawyer.
Online – In today’s digital age, searching for an employment lawyer near you is often as simple as typing a query into a search engine like Google. Google has become increasingly sophisticated in delivering localized search results that are tailored to your geographic location, making it easier than ever to find legal services in your area.
One of the most useful tools for finding local businesses, including law firms, is Google Maps. When you search for “employment lawyer” or “employment law firm” on Google, the search results page will typically include a Google Maps section that displays law firms near your location.
The map view provides a visual representation of the law firms’ locations, along with pins that you can click on to access more information about each firm. The accompanying list view includes the law firm’s name, address, phone number, website, hours of operation, and directions to their office.
Google Maps also integrates customer reviews and ratings, providing you with valuable insights into the experiences of past clients. You can read through these reviews to gauge the law firm’s reputation, communication style, and effectiveness in handling employment cases.
In addition to the information provided directly on Google Maps, you can also click through to the law firm’s website or Google Business Profile to learn more about their services, attorneys, and approach to employment law matters.
Many law firms also invest in search engine optimization (SEO) to ensure that their website appears prominently in search results for relevant keywords. By exploring the top search results for employment law-related queries, you can discover law firms that have a strong online presence and demonstrate expertise in this area of law.
To further refine your search, you can include specific keywords related to your employment issue, such as “wrongful termination,” “discrimination,” or “severance negotiations.” This can help you find law firms that have experience handling cases similar to yours.
While Google and other search engines have made it easier to find legal services online, it is still important to conduct thorough research and due diligence before hiring an employment lawyer. Take the time to explore each law firm’s website, read client reviews, and schedule consultations with potential attorneys to ensure you find the right fit for your needs.
Professional Associations and Networks – If you belong to a professional association or network related to your industry or occupation, you may be able to obtain recommendations for employment lawyers through your membership. Some associations even have preferred providers or partnerships with law firms that specialize in employment matters.
Recommendations from Other Professionals – Other professionals you work with, such as accountants, financial advisors, or business consultants, may be able to provide recommendations for employment lawyers based on their professional networks and experience.
Traditional Media –Pay attention to employment lawyers who are frequently quoted or featured in local news outlets, business publications, or legal journals. Their media presence can be an indication of their expertise and standing in the legal community.
When searching for an employment lawyer, it is essential to do your due diligence and research potential candidates thoroughly. Look for lawyers who have substantial experience handling employment cases similar to yours and who have a track record of success. Consider scheduling initial consultations with a few different lawyers to assess their communication style, approach, and fit with your needs before making a final decision.
Have you been Terminated for just Cause? Contact our Hamilton Employment Lawyers today before you sign anything.
Remember – just because you have been terminated for cause does not mean this is the end. Seeking the help of an employment lawyer is crucial to navigating the complexities of just cause termination. Just cause is very difficult to prove. As each employment law case is assessed in the context of its own unique facts, it may be hard to predict whether a judge will find that a particular misconduct amounts to just cause in the circumstances. Having clear documentation of employment and performance can protect both employees and employers during termination disputes. When we represent employers, we always advise our clients that they should seriously consider whether it has credible and sufficient evidence to allege just cause in their defence of a wrongful dismissal action. For example, if your employer alleges just cause as a negotiating ploy or pleads just cause without factual foundation, it can open the door to substantial liability in the form of moral damages or punitive damages.
At Lalande Personal Injury Lawyers, we take pride in being trusted Hamilton personal injury lawyers since 2003. Over the years, we’ve helped our clients recover more than $45 Million in settlements and verdicts in personal injury, disability, and employment law cases. Whether you’re dealing with a life-changing injury, a denied disability claim, wrongful death, a hurt child or employment termination, we are here to provide compassionate and experienced legal representation. If you believe you have a case, call us today—we’re ready to help you secure the compensation you deserve.
Call Lalande Personal Injury Lawyers today, no matter where you are in Ontario at 905-333-8888 for your free consultation. Alternatively, you can contact us online, confidentially, by filling out a contact form.