TERMINATION FOR CAUSE

Termination for Cause Lawyers in Calgary

What Is Just Cause for Termination in Alberta?

Termination for cause is an extraordinary disciplinary act and should only be explored by an employer as a measure of last resort. Long considered the 'capital punishment' of disciplinary measures, employers must meet a high standard of proof if it chooses to dismiss an employee without providing proper notice or payment in lieu of notice.

Progressive Discipline and Termination for Cause

Under most circumstances, an employer must demonstrate that it first explored alternative measures, including written disciplinary letters, prior to relying upon termination for cause. For cause termination is only permitted where there is a complete breakdown in the employee-employer relationship to the point that continued employment is impossible.

Legitimate Reasons for Termination vs. Just Cause Termination

The term 'cause' is not to be confused with 'reasons' for termination. An employer may have multiple legitimate reasons to terminate you, including restructuring, cutbacks, personality conflicts, or even poor performance. This does not mean that they have established 'cause' to terminate you without proper severance. Again, 'cause' is typically reserved for the most egregious forms of employee conduct. The vast majority of employees who are terminated have in fact been terminated without cause, regardless of the wording used by their employer in a termination letter.

Can I Receive Severance if I Am Fired for Cause?

An employer either has cause to terminate you, or they do not. Alleging cause in a termination letter does not make it so.. The threshold for establishing just cause is very high. If they fail to establish cause, you are likely owed severance in accordance with the common law like every other employee, even if your performance with the company was less than stellar.

If you have been terminated on an alleged cause basis, it is important to speak with an employment lawyer as soon as possible. For cause terminations affect more than just severance, they can also jeopardize your ability to secure E.I. as you look for new employment.

Have you been let go without severance?
Speak with an attorney today and have your matter reviewed.

Common Questions About Termination for Cause

Can My Employer Fire Me for Cause Without Warning?

In some cases, but termination for cause is generally reserved for serious misconduct or circumstances where the employment relationship can no longer continue. For less serious misconduct or performance concerns, an employer's failure to provide warnings or progressive discipline may significantly weaken a cause allegation. Whether prior warnings were required depends on the nature and seriousness of the alleged conduct.

Am I Entitled to Severance if My Employer Alleges Cause?

An employer's decision to characterize a termination as “for cause” does not necessarily eliminate an employee's entitlement to severance. If the employer cannot establish the legal standard required for cause, the employee is likely entitled to reasonable notice or compensation in lieu of notice.

Can Poor Performance Be Just Cause for Termination?

Poor performance does not automatically amount to just cause. An employer relying on performance concerns will generally face a significant burden, particularly where expectations were unclear, the employee was not warned that their employment was in jeopardy, or the employee was not given a reasonable opportunity to improve. A history of satisfactory performance and a lengthy tenure can also be important considerations when assessing a sudden allegation of cause.

What Should I Do if I Have Been Fired for Cause?

Do not assume that the employer's characterization of the termination is legally correct. Preserve the termination letter, employment agreement, performance reviews, disciplinary records and relevant communications. Because a cause allegation can affect both compensation and professional reputation, it is important to have the circumstances of the termination reviewed promptly.