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Dismissal for Cause Ottawa
If you have questions about dismissal for cause, contact Walker Legal Professional Corporation to speak with an Ottawa lawyer who provides clear advice, personalized strategies, and steady guidance throughout the process. Schedule your consultation today to protect your rights and understand your options.
Dismissal for Cause in Ontario
Legal matters involving dismissal for cause can feel overwhelming—especially when they affect your job, finances, or future. At Walker Legal Professional Corporation, we focus on clear communication, personalized legal strategies, and practical guidance so you can make informed decisions with confidence.
We never treat clients as files. We listen to your priorities, challenge obstacles, and support you through every step of the process.
Our Approach to Dismissal for Cause Matters
Dismissal for cause is one of the most complex areas of employment law. Employers face a very high legal threshold, and many dismissals labeled “for cause” are later found to be wrongful.
Our role is to:
Assess whether the employer truly met the legal standard for just cause
Identify statutory and common law entitlements
Protect your reputation, income, and future employment prospects
Resolve disputes efficiently through negotiation or litigation when necessary
Our Process
Initial consultation
We listen to your story, gather key facts, and explain your options clearly.Document review
We review your employment contract, termination letter, performance reviews, policies, and communications.Legal assessment
We determine whether just cause exists and identify potential claims such as wrongful dismissal or entitlement to severance pay.Strategy planning
We design a tailored plan—negotiation, mediation, demand letter, or court action—aligned with your priorities.Negotiation and resolution
We seek a fair termination agreement or severance package, prioritizing efficient resolution where possible.Representation
If required, we represent you in litigation, arbitration, or trial conferences.Closure and follow-up
We ensure agreements are enforceable and advise on next steps, including employment insurance considerations.
Our Services
Assessment of alleged just cause and surrounding circumstances
Review and interpretation of employment contracts and written agreements
Advice on statutory notice periods, reasonable notice, and pay in lieu of notice
Wrongful dismissal and wrongful termination claims
Negotiation of termination agreements and severance packages
Representation in mediation, arbitration, and court proceedings
Assistance with employment insurance (EI) documentation
Advice on reasonable alternative employment and mitigation obligations
Guidance on vacation pay, benefits continuation, and other compensation
Support for constructive dismissal, temporary layoff, and permanent discontinuance issues
Why Choose Walker Legal Professional Corporation
At Walker Legal Professional Corporation, we pledge to provide the highest standards of professional legal services because we understand how deeply employment disputes affect individuals and families.
Led by George Walker, our firm offers:
Clear, practical legal advice
Personalized strategies tailored to your situation
Proven experience in complex dismissal disputes
Steady support through negotiation or court
Our goal is to protect your rights, reduce stress, and achieve the best possible outcome.
Service Areas
Ottawa
Surrounding Ottawa Valley communities
Eastern Ontario (select matters)
TAILORED LEGAL SOLUTIONS
FOR FAST & PRACTICAL RESULTS
- Strategic Legal Guidance
- We Fight for Your Rights
- WE PROTECT YOUR INTERESTS
- Free 30-Min Consultation
What our clients are saying
Working with George was easy & fast. George was very responsive and kind. He offered valuable advice & expertise. It was easy to navigate his website & he was quick to respond to my inquiry. I would highly recommend working with George and his team.
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Frequently Asked Questions About Dismissal for Cause
What is dismissal for cause under Ontario law?
Dismissal for cause means an employer ends the employment relationship immediately, without a notice period, termination pay, or severance pay, because of alleged serious misconduct. Ontario courts apply a very high standard for just cause dismissal. The employer must prove wilful misconduct, serious dishonesty, or conduct that irreparably damages the employment relationship. The circumstances surrounding the dismissal, the employee’s role, seniority, performance reviews, and the employment contract are all carefully examined.
How does dismissal for cause differ from wrongful dismissal?
Dismissal for cause occurs when an employer claims just cause and provides no termination or severance pay. Wrongful dismissal happens when the employer cannot meet that legal threshold and fails to provide proper notice, termination pay, or severance pay as required by the Employment Standards Act or common law. Many alleged cause dismissals in Ottawa are later found to be wrongful termination.
Can I receive severance pay after a dismissal for cause?
If an employer proves just cause, the employee is not entitled to severance pay or termination pay. However, because just cause is difficult to establish, many employees who are dismissed for cause later receive severance pay, termination pay, or a negotiated severance package once the employer’s position is challenged. Whether you receive severance depends on your employment contract, length of service, and whether just cause truly existed.
What is the difference between termination pay and severance pay?
Termination pay (or pay in lieu of notice) compensates an employee when the employer ends employment without providing the required notice period. Severance pay is a separate statutory entitlement for certain employees with long service or where there is a permanent discontinuance of part or all of the employer’s business. Common law severance or reasonable notice can exceed statutory minimums.
How does my employment contract affect a dismissal for cause claim?
An employment contract may define termination rights, notice periods, or disciplinary standards. However, even a written agreement does not automatically allow an employer to avoid severance or termination pay. Courts still assess whether just cause existed and whether the contract lawfully limits common law entitlements. Ambiguous or unfair termination clauses are often unenforceable.
What is common law notice and how does it apply?
Common law notice (also called reasonable notice) is compensation owed when an employee is terminated without just cause. It is based on factors such as length of service, age, role, availability of similar employment, and compensation. A successful just cause dismissal eliminates common law notice, which is why employers frequently assert cause. Many employees ultimately recover common law notice when the claim fails.
Can poor performance justify dismissal for cause?
Poor performance alone rarely amounts to just cause. Employers must show documented performance issues, progressive discipline, clear warnings, and a reasonable opportunity to improve. If performance concerns were not properly addressed, a court may find the termination wrongful and award termination and severance pay.
What should I do immediately after being dismissed for cause?
Do not sign a termination agreement or final release. Ask for written notice explaining the reason for dismissal. Preserve emails, performance reviews, employment contracts, pay records, and benefits information. Seek legal advice from an employment lawyer before responding to your former employer or applying for employment insurance.
Can a temporary layoff turn into termination or severance entitlements?
Yes. A temporary layoff can become an employment termination or constructive dismissal if it exceeds statutory limits or is not permitted by the employment contract. Prolonged layoffs, repeated layoffs, or permanent discontinuance of part of the business may trigger termination pay and severance pay obligations.
What is constructive dismissal and how is it different from dismissal for cause?
Constructive dismissal occurs when an employer makes unilateral changes—such as pay cuts, demotion, or creating a hostile work environment—that force the employee to resign. It is treated as wrongful dismissal, not just cause dismissal, and may entitle the employee to severance pay, termination pay, and common law notice.
Can I apply for employment insurance if I was dismissed for cause?
You can apply for employment insurance, but Service Canada will assess whether the dismissal involved misconduct. If EI is denied, the decision can sometimes be challenged. The way a dismissal is characterized—and whether just cause truly existed—can affect EI eligibility.
What is reasonable alternative employment and why does it matter?
Employees must make reasonable efforts to find alternative employment during the notice period. Employers may argue that a former employee failed to mitigate losses. Jobs that are significantly lower-paying, outside the employee’s experience, or unreasonable in location may not qualify as reasonable alternative employment.
How long does a dismissal for cause dispute take to resolve?
Some dismissal for cause disputes are resolved quickly through negotiation and settlement. Others proceed to mediation or court and may take several months or longer. Early legal advice often shortens the process by clarifying severance pay exposure and encouraging resolution.
Do I need an employment lawyer for dismissal for cause in Ottawa?
Yes. Dismissal for cause carries serious consequences, including loss of severance pay and termination pay. Experienced employment lawyers assess whether the employer met the legal threshold, protect your common law entitlements, and negotiate or litigate to recover compensation where appropriate.
What documents should I bring to a dismissal for cause consultation?
Bring your employment contract, written agreement, termination letter, performance reviews, disciplinary records, pay stubs, benefits summaries, vacation pay records, company policies, and any correspondence with your former employer. These documents help determine entitlement to severance, termination pay, and notice.
Can dismissal for cause be challenged later?
Yes. Employees can challenge a just cause dismissal by pursuing legal action for wrongful dismissal. While reinstatement is rare, courts often award severance pay, termination pay, and common law notice when the employer fails to prove just cause.
What are realistic outcomes when challenging a dismissal for cause?
Many cases result in a severance package reflecting reasonable notice, payment of termination pay, vacation pay, benefits, and sometimes additional compensation. Outcomes depend on the strength of the employer’s just cause claim and the employee’s circumstances.
Resolve Your Legal Challenges
Legal matters, whether in family or employment law, can be stressful and time-sensitive. Our Ottawa lawyer specialize in providing focused, practical solutions designed to protect your rights and achieve effective outcomes.
By booking an appointment with our team, you take a concrete step toward resolving disputes, understanding your options, and safeguarding your future. We handle each case with precision and care, ensuring your unique situation is fully addressed. Don’t wait—secure your appointment today and move forward with confidence knowing experienced legal support is on your side.