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ARTICLE · 14 SEPTEMBER 2017

Wrongful Termination: What Is Just Cause?

An employee may be left with several questions when their job is suddenly terminated. These can be related to the employer's right to terminate their employment...

CanadaEmployment and HR
Overholt Law
Overholt Law

An employee may be left with several questions when their job is suddenly terminated. These can be related to the employer's right to terminate their employment, what the reasons for dismissal were, and whether an assertion by the employer that there was just cause for the dismissal is accurate. Ocassionally, employees may also have questions about their rights to sue for the  wrongful termination of their employment.

Generally speaking, an employer must provide either notice of dismissal or payment in lieu of notice to dismiss an employee without just cause. However, if there is just cause, the employee's employment can be terminated instantly without notice or pay.

Just cause will be found in circumstances where the trust inherent in the employment relationship can no longer be said to exist, such that continued employment would be impossible. Typical examples justifying just cause include gross incompetence, serious or repeated insubordination,

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