Cause for termination – get a second opinion!

In Ontario, “for Cause” termination is not an easy thing for an employer to successfully assert. In comparing it to criminal cases, it is like the “death sentence” of the employment law world. Even in cases where an employer can prove poor performance or some misconduct, an employee is often still entitled to a notice period or termination pay.

If your employer has attempted to deprive you of your severance pay or termination package by firing you with cause, it is strongly recommended that you contact an employment law firm to speak with a labour lawyer to have your case reviewed. In the majority of cases that we review where an employer attempts to assert cause for termination, the employer is wrong and the employee is still entitled to their termination package.

A few tips:

1) Do not take “legal advice” from a friend, even if they are “in HR and have dealt with this before”. If the person you speak with is not an experienced employment lawyer you may be putting your case at jeopardy or lose out on your full entitlements by relying on their advice.

2) Don’t make assumptions –

“I got 3 warning letters, so they were allowed to let me go without pay”. This is an example of a statement many people believe to be true, but can often be absolutely false depending on the circumstances.

3) Do not accept a package or sign a release before you speak to a lawyer.

We offer free legal reviews, so what is often an exorbitant cost associated with reviewing an offer of severance should no longer deter Ontario employees from having their severance packages reviewed.