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Just Cause For Termination
“Just cause” for termination of employment happens where there has been an irreparable breakdown in the employment relationship between the employer and the employee over some misconduct or omission by the employee, which leaves the employer with no choice but to end the employment relationship. Just cause for termination is also called just cause for dismissal or just cause for summary dismissal.
Just Cause For Termination Services
Employers Need To Prove Just Cause
Employers often assert that they have just cause to terminate an employment relationship, but they rarely do. Just cause is very hard to establish. It is often present in cases of very serious misconduct such as theft or violence, and more rarely present in cases of poor work performance. Most employee misconduct falls somewhere in between those extremes and it can be very challenging to determine if there is cause for dismissal without the help of a skilled and knowledgeable employment lawyer.
It is difficult for employers to establish just cause for dismissal, because if they do establish it then the employee is not entitled to any severance . As a result, an employer is usually required to establish either very serious misconduct or several incidents of lesser misconduct or poor work performance coupled with clear warnings and an opportunity to improve that the employee did not follow through on, before an Alberta court will be prepared to say the employer terminated employment for cause.
You May Be Entitled To a Severance
The temptation to pay as little as possible leads many employers to allege they have just cause for termination on flimsy grounds. This is not without risks for employers, because alleging cause for dismissal can in some cases lead to higher severance awards for employees in court.
Bow River Law has skill and experience at providing legal representation and other legal services to employees and employers in Calgary and across Alberta when just cause for termination of employment is being alleged.
- If you are an employee in Alberta being investigated for misconduct, speaking to a lawyer early-on can help you protect your rights through that process and a termination of employment
- If you are an Alberta employer, you should get legal advice before making the decision to allege just cause for dismissal. It is a serious allegation and making it can have consequences for employers
Just Cause For Termination FAQ
- I did something wrong at work, and my employer says it has just cause. Is there anything I can do?
If your employer says it has just cause, usually there is still something you can do. Most misconduct is not just cause for dismissal, and even if the misconduct is fairly bad you have options and often will be able to get severance.
- If I was dismissed for refusing to get COVID vaccinated, should I be getting severance?
If you were dismissed for refusing to get COVID vaccinated, you may be entitled to severance if there is no just cause for dismissal. Whether there is just cause will depend on your particular case, but relevant factors include whether you have a disability or religious exemption, whether you work remotely, and whether you work in a setting with people who are elderly or have compromised immune systems.
Just Cause For Termination Legal Blog Articles
Paramedics Warned For Slow Response Win Grievance Employer Fails in Attempt to “Change Horses” To Just Cause Employer Making Up Misconduct Backfires Stupendously
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