Termination without cause refers to the dismissal of an employee from their position by their employer without a specific reason related to the employee’s performance or conduct.
Some examples of situations where termination without cause would occur:
Yes, an employer is legally able to terminate an employee without cause in Ontario, as long as it is not due to discriminatory or retaliatory reasons. However, the employer must give the employee enough working notice before the date of termination, fair severance compensation, or a combination of both.
To terminate an employee without cause, employers are required to provide reasonable working notice or pay in lieu of notice. To determine the proper notice period, various factors must be taken into consideration, including the length of employment according to the Employment Standards Act (ESA). This notice period can range from one to eight weeks.
If you have been terminated without cause, you can attempt to negotiate a reinstatement or a fair severance package. Employees do not need to sign termination papers according to a deadline set by their employer. Employees have up to two years to pursue legal action to obtain a fair severance package. Engaging the services of an experienced employment lawyer can help protect your rights and understand your options as they are able to review your termination documents and negotiate a fair settlement.
Termination without cause is a common practice but it is essential for both employers and employees to understand their rights and obligations under the law. DSF’s team of experienced Toronto employment lawyers can provide valuable advice in termination matters. Our employment lawyers are well-versed in employer obligations and aim to minimize risk in cases of termination. They can also represent employees in termination cases, reviewing each client’s situation and providing comprehensive options to achieve the most favourable outcome.
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.
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