Commonly Asked Questions Series: Can an employer terminate you without cause?
One of the most common questions recently terminated employees ask is: Can an employer terminate you without cause?
Termination is a binary concept- you can either be terminated for cause, or terminated without cause.
Termination for cause arises where the employee has done something that is warrants them being fired. This can include stealing, dishonesty, chronic tardiness, or challenging authority and refusing to follow clear instructions given by a superior.
Termination without cause, arises where the employee has not done anything wrong that would warrant them being fired, but for other reasons, the employer needs to let them go. This can include restructuring, the employee not being the right fit, or other political reasons that arise in the office that are not discriminatory in nature.
There is no such thing as having partial cause to terminate an employee. It is all or nothing.
When you have been terminated without cause, the employer must pay you termination pay. If the employer does not give you the appropriate amount of termination pay then this turns into a basis to sue the employer. In other words, the employer can terminate an employee without cause, and this will be totally legal, provided that they property pay the employee termination pay.
Termination pay is a complicated area of law. Termination pay is not simply what you are owed under the legislation but can be much more than that.
If you have recently been terminated, whether you have been terminated for cause or without cause, we highly recommend that you consider booking a severance review with one of our Mint Legal lawyers. A severance review involves the lawyer looking over your termination paperwork, consulting with you about the termination, and giving you legal advice about whether the severance pay is appropriate or whether you have a further right to sue the employer. To book a severance review, you can start the process by filling out the form here.