Latest News
Why You Get Fired Matters: Termination of Employment for 'Just Cause' (or not)
Published 11:03 PDT, Tue March 19, 2019
If an employer fires or lays off
an employee, that termination of employment will either be for “just cause” (a
legally valid reason for terminating the employment contract), or without just
cause.
You may be surprised to learn
that, provided that there is no Human Rights Code violation, an employer is
entitled to terminate an employee without any just cause to do so. However,
whether or not there is just cause to fire an employee can have significant
financial repercussions for both the employer and employee. What constitutes
just cause is unique to every employment relationship; depending on the facts,
one serious infraction, a series of infractions, or unsatisfactory performance
may amount to “just cause”. However, unless the employee has done something
intentionally wrong, it is often quite difficult for an employer to prove that “just
cause” exists.
If an employee is fired for just
cause, then the employer has no obligation to provide advance notice of
termination, termination pay or severance pay. The employer’s only obligation
will be to pay the employee whatever the employee has already earned, as of the
date of termination.
However, if a worker is
terminated from employment without just cause, then that employee is entitled
to advance working notice of the termination. How much notice (how long a
period of time) is required will be determined by the employment contract. If
there is no written contract, or if the contract says nothing about the amount
of notice that is required, the law provides that an employee is entitled to “reasonable
notice” in advance of the termination. What is “reasonable” depends on the
specific employment situation. If an employee is dismissed without just cause
and without the required advance notice, this is a breach of the employment
contract. This situation is commonly referred to as “wrongful dismissal”.
In reality, most employers will
not give notice of dismissal. Instead they will usually offer the employee “severance
pay”, instead of employing (and paying) the employee during the notice period.
If an employee is dismissed
without just cause and without reasonable notice (or reasonable severance pay),
the employee will be entitled to damages. These damages will include the value
of whatever salary and benefits the employee would have earned over the
appropriate notice period, if it had been provided. This entitlement to damages
for wrongful dismissal will often be greater than what the employer offers as
severance pay.
There are many factors at play,
and if you think you have been fired or laid off without reasonable notice or
severance pay, you should consult an experienced employment lawyer.
2 Hours of free financial consulting
Jai Xin Planning Ltd.
C$120.00 C$0.00
Use any of our home staging service and get a second month rental for free!
MiiX Interiors
C$500.00 C$0.00
Get 10% off any order
Phantom Screens Lower Mainland
C$200.00 C$180.00
