What is a dismissal for just cause?

Not all wrongdoing or performance issues means that an employer can dismiss an employee for cause.

Dismissal for cause is considered the “capital punishment” of employment law, so it would only be appropriate if the employment infraction is very serious, like theft, fraud or gross breach of trust.

When an employee is not performing to expectation, the employer should first give the employee adequate warning of possible termination before terminating for cause and make clear the performance standard expected of them. The employee should also be given a fair opportunity to correct the issue and sufficient resources to achieve the standard expected.

It’s all too common that an employer may unfairly lay blame with an employee for circumstances beyond their control, or set expectations that may not be feasible. In some cases, the employee is not given adequate warning about the issue in question.

In the vast majority of cases that we deal with, performance issues are not an adequate ground for terminating an employee for cause.