Toronto Termination for Cause Lawyer

Toronto Employment Lawyers Providing Representation in Termination For Cause Matters

What is Termination for Cause?

Termination for cause refers to the dismissal of an employee due to serious misconduct or breaches of employment contract terms. If an employee is terminated with cause, their employer is not required to provide notice or pay in lieu of notice.

Criteria for Termination for Cause

To justify terminating an employee for cause, an employer must prove that an employee intentionally or habitually conducted themselves in a way that violated company policies or undermined the organization. Examples of these behaviours include the following:

1. Gross misconduct including theft, fraud, violence or harassment in the workplace.
2. Repeated breach of company policies despite warnings from employers.
3. Continual failure to perform essential job duties outlined in the employment contract, despite proper training and support.
4. Breaching the trust of the organization, such as disclosing confidential information or acting against the company’s best interests.

Employer Obligations

The threshold of justifying termination for cause is high and the responsibility lies with the employer to prove that the employee was given opportunities to fix their mistakes and that termination was the only option left.

Keeping thorough documentation of these incidents and the subsequent investigations into the employee’s misconduct is crucial if the matter is brought to court.

Employee Rights

Employees subject to termination for cause have the right to respond to allegations of misconduct and rectify their issues before termination occurs. They also have the right to seek legal action if they wish to challenge the termination.

The Importance of Seeking Legal Counsel

Employers and employees alike should seek legal advice when faced with termination issues to ensure their rights and obligations are protected. DSF’s team of experienced Toronto employment lawyers are able to provide guidance tailored to each client’s situation and specific circumstances.

We offer multiple convenient locations in Toronto, Whitby, Barrie and more to better serve our clients. To begin your initial consultation and find the right employment lawyer, please contact us at (416) 449-1400.