People in this position often assume there is nothing to discuss and walk away from entitlements they were owed. This article explains what the standard actually requires, what happens when an employer cannot meet it, and what to do next.
What just cause means under Ontario law
Just cause is the threshold that allows an employer to end employment immediately, without notice or pay instead of notice. It is reserved for serious misconduct, and the employer carries the burden of proving it.
Whether particular conduct meets that standard depends on the facts. There is no fixed list of behaviour that automatically amounts to just cause, which is why employers who assert it do not always succeed in establishing it.
How conduct is assessed
Courts look at the circumstances as a whole rather than applying a checklist. That generally includes the seriousness of the conduct, the employee’s record and length of service, and whether dismissal was a proportionate response. For issues that are minor or correctable, an employer is generally expected to address the problem through warnings and progressive discipline before terminating.
The more serious the alleged conduct, the less likely an employer is to be expected to have taken those intermediate steps. In every case, though, the employer still has to prove the allegation.
Allegations employers commonly raise
These are the claims that come up most often. None of them is automatically just cause, and each turns on its own facts.
Dishonesty or theft
Among the most serious allegations an employer can make. A lawyer would look at what is actually alleged, how the investigation was conducted, and whether the conduct goes to the core of the employment relationship.
Insubordination or refusing direction
Context matters here. Relevant questions include whether the instruction was lawful and reasonable, whether the refusal was clear and deliberate, and whether there was a misunderstanding or a prior warning.
Breach of a workplace policy
Not every breach of a handbook or protocol supports dismissal. A lawyer would look at whether the policy was clear, communicated to staff, and enforced consistently.
Poor performance
Performance problems are usually a management matter rather than misconduct. Where an employer has not provided feedback, warnings or a chance to improve, a termination framed as cause is often treated as a dismissal without cause.
Attendance and lateness
Chronic absence or lateness is often raised, but the assessment usually turns on whether the employer made expectations clear, whether warnings were given, and whether there is an underlying reason such as a medical condition or family obligation, which may bring other protections into play.
Off-duty conduct and social media
Conduct outside work hours can sometimes be relevant, particularly where an employer says it affected the workplace or its reputation. These cases are fact-specific and depend heavily on the connection between the conduct and the employment.
Statutory entitlements are assessed separately
The Employment Standards Act, 2000 applies its own standard for when an employee loses statutory entitlements, and it is not the same as common law just cause. The practical consequence is that an employer alleging cause may still owe statutory amounts. Whether that applies in a particular case is worth asking a lawyer about, because it is frequently overlooked.
What happens if the employer cannot prove just cause
Where cause is not established, whether in negotiations or before a court, the termination is treated as a dismissal without cause. The usual entitlements then apply: notice or pay instead of notice, assessed on factors including age, length of service, the position held and the availability of comparable work. Our article on how much severance you may be entitled to in Ontario explains how that assessment works.
What to do if you were fired for cause
- Ask for the grounds in writing. Request your employer’s specific reasons, so their position is on the record.
- Do not sign a release. Have any severance or termination agreement reviewed before you sign it.
- Gather your records. Your employment contract, performance reviews, commendations, and any warnings or disciplinary documents.
- Write down your account. A timeline of what happened while it is fresh, including dates, conversations and anyone who was present.
- Note the deadline. A wrongful dismissal claim in Ontario generally must be started within two years of the termination date.
Our guide to what to do in the first 72 hours after losing your job covers the immediate steps in more detail.
Speak with an employment lawyer before accepting that nothing is owed
Powell Litigation represents employees and employers across Toronto and Ontario in employment disputes, including terminations alleging just cause. Consultations are available in person, by phone and by Zoom. Contact us or call (437) 222-2234.
Frequently Asked Questions
What does it mean to be fired for cause in Ontario?
It means your employer is claiming misconduct serious enough to end the employment immediately, without notice or pay instead of notice. It is an allegation the employer would have to prove, and the standard is high.
Can I get severance if I was fired for cause?
Often, yes. If the employer cannot establish just cause, the termination is treated as a dismissal without cause, and the usual entitlements apply. Statutory entitlements are also assessed under a separate standard, so it is worth having your situation reviewed before accepting that nothing is owed.
Is poor performance just cause for termination?
Usually not on its own. Performance issues are generally a management responsibility to address through feedback, warnings and a chance to improve. A termination for poor performance without those steps is often treated as a dismissal without cause.
Can I get Employment Insurance if I was fired for cause?
Service Canada decides eligibility based on its own assessment of the circumstances, rather than simply accepting the employer’s characterization on the Record of Employment. If you have been denied benefits, or expect to be, raise it early with a lawyer.
What if my employer’s reason isn’t true?
Then the employer will have difficulty proving it, and the burden is on them. Write down your account of events while it is fresh and gather any documents that support it, including performance reviews and correspondence.
Legal Disclaimer
This article provides general information about Ontario employment law and is not legal advice. Reading it does not create a solicitor-client relationship with Powell Litigation. Whether an employer can establish just cause depends entirely on the facts. If you have been terminated for cause, speak with an Ontario employment lawyer before accepting that nothing is owed to you.