Employees
Without Cause Terminations
There is generally nothing “wrong” with terminating an employee, so long as the employee is provided with adequate notice or compensation as required by the Employment Standards Code and common law. A termination “without cause” means the employee is being dismissed for business, restructuring, or other non-disciplinary reasons, and not for misconduct or performance issues.
If an employee is terminated for just cause, which would be dismissal for misconduct or performance issues, then they may not be entitled to additional severance or notice of termination. However, it is important to scrutinize an employer’s allegation of just cause and the underlying facts. An employer’s assertion of just cause for termination can be challenged, which may result in the employee being entitled to compensation.
Employees who are terminated without cause may be entitled to additional reasonable notice damages beyond the minimums set by legislation, depending on the unique circumstances of their case. Many employers only offer the statutory minimums, which are often far less than what the employee may be owed under common law. At Lypkie Henderson, we help employees understand their rights and ensure they receive the full compensation they’re entitled to.
Chandrima Gupta helped me negotiate my termination settlement from a previous employer. She was understanding, patient, responsive, very knowledgeable and professional in dealing with my case. I highly recommend her and will not hesitate to call on her for future legal matters.
Judy Irvine