An employee is normally terminated on a “without cause” or “just cause” basis. There is also a form of dismissal called “constructive dismissal.”
Without Cause
In the event you are terminated “without cause,” it is the employer’s obligation to provide reasonable notice, or wages in lieu of notice. The proper calculation of the notice period is critical. Determining the proper notice period is done through an analysis of several factors, including your age, length of employment, character of employment, and availability of similar employment.
If you are terminated “without cause,” it is strongly recommended that you consult a lawyer to determine if the amount the employer has paid, or is offering to pay, is reasonable.
Just Cause
If you are terminated on a “just cause” basis, that means that the employer has decided that you have breached a fundamental term of the employment contract. A “just cause” termination means that the employer is not obligated to pay any salary in lieu of notice.
If you are terminated with “just cause,” it is again strongly recommended that you speak to an experienced employment lawyer. The circumstances surrounding the termination may be such that there is no actual “just cause.” If it is found that there is no legal “just cause,” the employer is obligated to pay wages in lieu of notice as if it were a “without cause” termination.
Please contact one of our employment lawyers to set up a free consultation if you have been terminated on a “just cause” basis.
Constructive Dismissal
A third form of dismissal is “constructive dismissal.” A “constructive dismissal” is when the employer alters the contract of employment in a fundamental way, such as by reducing your wages, significantly changing your work responsibilities, or by making it so that the job is intolerable. A “constructive dismissal” is a complicated form of dismissal which can result in the employer being obligated to pay wages in lieu of notice should a “constructive dismissal” be found. If the circumstances of your employment have significantly changed, please contact one of our lawyers.
Being terminated from your job can be a stressful experience. If you have been terminated from your employment, it may be in your interest to contact an experienced employment lawyer immediately.
