Wrongful Termination (for “Cause” or “Without Cause”)

Wrongful Termination for Cause

When an employee is terminated for cause, the employer must prove, with compelling evidence, that the employment relationship is no longer viable due to serious employee misconduct.

What constitutes cause for immediate termination in Ontario depends on a detailed review of the alleged misconduct and whether it can be proved in a court of law, together with a review of all the surrounding facts and the work history of the person involved. The courts have repeatedly said that it is difficult to prove that just cause has been established.

Numerous affirmative defences are available to rebut an allegation of cause. For example, if the employer delays taking action after knowing about the questionable conduct, this can undermine an employer’s ability to prove cause. If other employees have engaged in the same misconduct but were not disciplined uniformly, this can also form the basis of a strong defence.

Wrongful Termination Without Cause

Wrongful termination without cause occurs when an employee is terminated without cause but has not been provided with sufficient notice of their termination. Unless extenuating circumstances exist, the common law says that an employer can terminate an employee in most circumstances as long as appropriate and sufficient notice is provided. Employees are presumptively entitled to be paid common law notice entitlements, unless they have an enforceable written agreement that limits their entitlements upon termination. The statutory notice entitlements provided for under the Employment Standards Act are the minimum amounts employers must pay employees. Common law notice is usually expressed in terms of “months,” and statutory notice entitlements are stated in terms of “weeks.” While an employer must pay out the minimum statutory notice entitlements regardless, an employee’s or executive’s actual entitlements upon termination are often much greater through the common law and are only available through court action if negotiations prove unsuccessful. 

In Canada, common law notice is calculated based on the total value of an employee’s or executive’s compensation entitlements (the entire compensation package and not just base salary, which may include: benefits, earned bonuses and stock options, pension contributions or the monetary equivalents, car allowance, etc.). How much common law notice and compensation someone is entitled to upon termination generally depends on an individual assessment of various factors, such as age, position, length of service and availability of comparable employment. 

Additional damages may be available in the form of aggravated or moral damages due to how the termination was undertaken, such as when an employer acts in an unduly harsh or insensitive way. In addition, if an employee or executive has a disability when terminated, or if one of the reasons for the termination amounts to discrimination, additional damages may also be available if their rights under the Human Rights Code have been violated . Punitive damages may also be available where the conduct in question by the employer is outrageous and the court wishes to punish an employer for egregious behaviour.

Wrongful Termination Lawyer

If you need a wrongful termination lawyer, Contact Evans Law Firm today for a free no-obligation consultation with a wrongful termination lawyer. Sometimes time limits can bar an otherwise good claim from being advanced. Please don’t delay and contact us as soon as possible. There is no cost until we are  formally retained and a written retainer agreement is in place.