DISMISSAL WITH CAUSE
Being fired with cause or also referred to as dismissal with cause essentially means you were fired for a really, really good reason. That's how I typically refer to the word cause in that this was something more than the usual. For example, theft, serious misconduct, stealing company secrets. At law this type of serious conduct essentially vitiates the employment contract and relationship.
The single biggest distinguishing factor between dismissal with cause versus dismissal without cause is money. This is based on the fact that a fundamental element of the employment relationship has been breached.
MY BOSS FIRED ME WITH CAUSE - For Employees
If you were fired with cause that means the employer feels they had a very good reason to do so. In this scenario an employer can decide to terminate you immediately and escort you off company property. If an employer alleges cause they do not need to pay you anything. They employee may challenge the employers decision to dismiss with cause.
MY EMPLOYEE DID SOMETHING BAD - For Employers
Since, firing with cause is drastic an employer must ensure they have placed themselves in a strong legal position to do so. The employer must be certain that the conduct occurred. Depending on the nature of the incident they should permit an employee to provide their side of the story. The employer must practice due diligence and ensure all discussions are documented and acknowledged. Again, depending on the nature of the conduct the employer may want to provide the employee with another chance. The employer should also on a cumulative basis consider a number of issues pertaining to the employee such as, position, age, seniority and background.
A common mistake employers make is defining the termination with cause but lacking in any substantive reason. The employer can expect the employee to lawyer up and challenge the definition of the termination. This can result in a lengthy and expensive battle for the employer.
Therefore, prior to terminating its a good idea to consult with an employment lawyer.
EMPLOYMENT LAWYER IN BURLINGTON
If you need an Employment lawyer in Burlington call me.
I provide legal services in Burlington, Milton, Hamilton and Oakville.
My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211