Terminating an Employee Without Cause
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- Опубликовано: 1 июн 2024
- What does it mean to be terminated without cause, or FIRED WITHOUT CAUSE? Employment Lawyer Lior Samfiru explains the quick facts about terminating an employee without cause. Learn about being fired without cause.
Read more about Termination Without Cause here: bit.ly/TerminationNoCause
► What is a termination without cause in Ontario, British Columbia or Alberta? - 0:33
• Lior explains that a termination in this case means that you are not being let go for significant misconduct. The reasons behind a termination without cause may include restructuring, cost cutting, realignment, or poor work performance. It is legal for an employer to fire you without cause. But it is extremely important that you speak to an employment lawyer to make sure that your employment rights are enforced and you receive a fair severance package that takes into account all of the factors that can maximize the amount you should receive.
► I have just been fired without cause, and the company wants me to sign termination papers or a severance offer before I leave. Do I have to? - 1:22
• When you are called into a termination meeting, you will likely be handed termination papers and a severance offer. The offer will usually have a deadline attached. You have no legal obligation to accept the offer by a certain deadline. Your employment law rights do not expire by the date on the offer. You have two years to pursue your rights with help from an employment lawyer.
Companies use a severance offer deadline as a pressure tactic to try to force you to accept a poor severance offer. They are trying to save as much money as possible, money that you require as compensation while you are looking for new employment.
► How much severance am I owed following a termination without cause? - 2:40
• Severance pay for an employee is calculated based on a number of factors. The main severance factors are age, length of employment at the company, position, salary, benefits, ability to find new employment. Where common law severance is concerned, there is no "one week per year" or "two weeks per year" formula. An employee that is terminated for cause may be entitled to a severance package of up to 24 months of pay. Read more about Severance Pay here: bit.ly/36hMSNU
► Use the Severance Pay Calculator at Pocket Employment Lawyer.ca to find out how much severance you might be owed - 3:59
• Use the Pocket Employment Lawyer (bit.ly/2NnhdSH) to find out what your employment rights are. It is a unique interactive resource developed by Samfiru Tumarkin LLP to give you a better understanding of your workplace rights.
► Can the Ministry of Labour help if I am let go without cause? - 4:19
• The Ministry of Labour can only enforce your minimum entitlements to severance pay under the provincial Employment Standards Act in Ontario or British Columbia. That would only amount to one week or two weeks' pay per year of service. Most non-unionized employees are owed much more than that under common law. An employment lawyer has the expertise to help you get the termination pay that you are owed.
• The worst thing you can do when you are let go is ask the Ministry of Labour to help you with your severance package. Once you file a claim with the Ministry, you lose the right to hire an employment lawyer for assistance with your matter in the future. Read about the Ministry of Labour here: bit.ly/2KYOzXz
• Lior Samfiru sued the Ontario Ministry of Labour in 2013 after they provided misleading severance package advice to two employees fired without cause in Pickering: bit.ly/2L0g2YX
► How does an employment contract factor into severance pay? - 6:02
• An employment contract can limit the amount of severance pay an employee is owed upon termination through a termination clause. If you sign an employment agreement that limits your entitlements, you could lose out on tens of thousands of dollars in termination pay. An employment lawyer can help you properly negotiate an employment agreement when you start a new job. They can also review your contract when you are let go to find out if a termination clause or other stipulations are enforceable. Read about employment contracts here: bit.ly/2qEutuI
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► Calculate the amount of severance pay your are owed with the Severance Pay Calculator: bit.ly/SeverancePayCalculator
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THE BOSS WILL FAKE AND INVENT A CAUSE TO FIRE YOU
Yup, I all of a sudden had 10 complaints and needed to be fired from my medical receptionist job two weeks after I blew the whistle on my coworker, who was laughing at peoples medical records and showing private records to others, and denied patients medical services because they “didn’t rub her the right way”. Suddenly I had 10+ complaints (2 weeks prior when discussing my coworker with manager, I asked if I had any complaints, and was told no, but somehow I averaged one complaint every day and a quarter from the time I blew the whistle to the day I was fired). My mom blames me for me losing my job, as if I could prevent it by being a better employee instead of choosing a better employer. If I got cancer she would find some way to make it my own fault.
In Canada, most "for cause" (or without severance) terminations do not hold up. You are still owed full severance, as much as 24 months' pay. A termination for cause is only valid if you commit serious misconduct (theft, insubordination, etc.) It rarely applies to poor performance, being late for work, etc.
If you work in Ontario, Alberta or BC, and are fired for cause, always contact us at 1-855-821-5900 so we can review your termination, and figure out how much severance you are legally owed.
But at the end of the day people don’t like being fired and the problem is companies like to soften the blow when they terminate somebody and most of the time they use the excuse of “I don’t have to give you any reason why I’m firing you because you’re employment at will”. I firmly believe if you want to fire somebody you should give them a crystal clear reason why so there’s no?’s And that person has closure so they can move on
I worked for a company for 1 month and I was let go for no given reason. Nothing to do with work, no write ups, no policy issues, etc. Mostly due to the fact that it was a personality issue.
In Canada, this is called a termination without cause. Your employer is required to give you full severance in that case. Severance is based on your age, length of service and position, among other factors. Short service employees are often times owed MORE severance than an employee who has worked more years with a company.
@@SamfiruTumarkinToronto We should have that in the USA!! Workers have NO protection.
In WA State you can fire someone for any reason within 90 days.
@@msi8311 Same here in California.
Straight facts my boss said the same thing just my personality wasn’t a fit even though I was a major help with no complications or complaints
This "AT WILL" termination is a CURSE!
It's not RIGHT for an employer to be able to fire someone because of (insert anything here)...
And NOW, the employee has to suffer for it? Financially, mentally..and future prospects. .
I've been fired SO many times-
So the employer could hire their family member...
For getting injured on the job, and not being able to do the job during my recovery...
Because of a boss with a personality disorder (on meds)
A boss that did cocaine..who's head wasnt there...
An absentee owner who didnt know how to run his business... (4 people fired, plus me)
A boss who overextended her budget, realized she hired me for too much $$, and fired me 2 weeks later for someone $5/hr cheaper...then fired them 2 months later...
...on and on....
This must STOP! There are no protections for workers!
It sure the hell is, screw at will! Employees need more Rights!!!
Yup i was fired for using my tip money to pay for a pizza I delivered to a nice old lady who coudn't take care of herself.
I was fired after 23 years. For wilful misconduct. The company didn't even give me a chance to explain. They went back 2 and 3 years to prior written warning and a 3 day suspension. No severance was even offered.
It is important to speak to a lawyer for this, a termination for cause is typically reserved for serious employment related issues. You may have significant severance entitlements, please call us at 1-855-821-5900 to see how we can help.
Worked 4 months. Guess they called me in the office in a retail store by a "mystery shopper" saying i didn't perform too good... Like wth I've always have positive attitudes towards "customers".
Yup, didn’t even tell you what you did wrong or what you could do better from the sounds of it. Few people deserve to be managers.
Same thing happened to me. Worked in retail for about 3 months. Came in to work my shift and then not even 5 minutes in i got called in to the office and was given my last 2 paychecks and was told to gtfo. No warnings or improvement plan. Nothing.
I got terminated because he said I wasn’t a “good fit for customer service and didn’t meet the requirements” when I have been in retail for 4 years.🙄 unfair dismissal and didn’t even call me to the office.
Atwill employment gives all the power to the employer. Even though they say you they can’t fire you for race, gender, retaliation, complaining about safety. They can just make up another reason for firing you . Because you have to prove wrongly termination.
Thank you for your comment, Ann. Your mention of "at will" employment references American employment law. Our firm and the content in this video is relevant only to Canadian employment law, specifically in provinces like Ontario, Alberta and BC.
Hi Lior, Thanks for the informative video ! 👍
Definitely, my friend! You are so right!
I was terminated "without cause" 3 weeks after getting my superintendent written up for cursing n disrespecting me and a fellow co worker, on my letter of termination they spelt my name wrong, also on my severance check they spelt my name wrong.. I have booked a meeting with a lawyer.. I was about 6-7 weeks from being there for 12 months
Hi hope you well.do you think I can get fired for buying alcohol while on duty and dropping it off at my house? Infact I asked a colleague to buy it for me and meet me by my house quickly as he's done I before and I was a bit skeptical
Dude! FedEx Ground just fired me a week ago with no explanation and just said, your background check came out as NOT AUTHORIZED FOR HIRED that’s all they said 😑😑 but where im confused is, I worked for 7 weeks and randomly im the first person HR told me she had to deal with something like that…plus when you get hired they do a background check and then they hired you, so now im being kick out with no reason… if someone here can help me with some opinion or ideas what should I do next…? Please I would love some help
I was fired without a severance and under 6 months. No proper training or support. Fired because it wasn’t a good fit and they blamed me for an already failing branch in terms of financials. What do I do?
If you worked in Ontario, Alberta or B.C. (Canada) you should contact us at www.EmploymentLawyer.ca so we can review your matter and determine how much you may be owed, and the best course of action.
What if the company doesn't have a severance package at all & doesn't have any policy or employee handbook then what ?
I was just terminated May 11 after 8+ years. I was handed a printed sheet stating that is was effective as of May 11. I'm being given 8 weeks of pay with no explanation of reason. Company has new owners and are moving to new location. I told them I'm not happy having to drive 94km's each way on the 401 monday to friday.
I got fired without you even knowing I've been trying to go back to my work during this pandemic then when I tried to claim on unemployment they're saying that I quit and I owe them $8,000 how's that even possible
What? I didn’t know that could happen? Did you have to pay?
@Pop-Actor (Rick) I'm sorry to hear that man I'm going through it's still almost a year I keep getting denied a hearing what I even knowing or talking to anybody to just keep saying denied what I even seen anybody I could say brother just keep fighting my man
I was "released without cause" from a school district here in CA within my 6 month probation. I had 20 days left. Is this the same as dismissed or terminated without cause? Because I can't find anything with the word dismissed other than laid off.
Hi Patricia. If you were laid off/fired from your job, and you were "dismissed without cause," "let go without cause," or "released without cause," they all amount to the same thing: a termination without cause. If you worked in Ontario or British Columbia, Canada, I would recommend you call our firm at 1-855-821-5900 so we can assist you with your termination and severance rights. You mention a 6 month probation period. In Canada, a probation period of that length may not actually be legitimate, depending on certain factors.
Unfortunately, because you noted that you worked in California (CA), we cannot assist you with your situation, as we are not currently licensed to practice employment law in the State of California.
I was wrongfully terminated last October, was part of a divestiture and was there for a total of 6 years, 3 with each company.....stellar employee, accolades for excellence service, and in the end, it was all about salary, the new company didn't wanna pay what most of us were getting sooooo they started laying off and firing people for basically BS reasons, I was one of the very last to go they simply couldn't find any reason, so they made one up, well I got every dime of unemployment plus all the stimulus money because L&I sided with me. They didn't have a leg to stand on! They didn't even have the balls to try and fight me. I won out of the gate! The "At Will" law sucks!!!!!
I've just been terminated without cause (saying "due to restructuring" out loud but not on paper).
Question:
Is it ok for them to have such a clause that says:
" Social Media Employment Status:
I acknowledge that I am required to ensure that my status on all applicable social media sites, including, but not limited to LinkedIn, Twitter and Facebook, does not indicate or otherwise suggest that I am a current employee, contractor or otherwise in any way involved with or engaged by the Company."
........In other words, I'm supposed to say that I currently don't have a job due to termination w/out cause, instead of showing on the resume that they are still my current employer, so I can get a job faster. They already made my life difficult with this "restructuring", and now they want me to not be able to get a job fast enough. Who would hire someone who was terminated?!
I was with the company for 11.5 months, and they are offering me 8,000 CAD, in return for non-disclosure, etc, including deleting them from my resume as my current employer. ..........
Anyway, I have 2 years to sign these papers, no rush.
They can let u go without cause but want 2 weeks notice
Your employer MUST pay you severance when they fire you without cause in Canada.
This happened to me today, could I fight to get my job back or would that be a bad idea???
Sorry to hear to hear that Leo. In Canada, non-unionized employees rarely get their job back through legal action after being fired. But our firm has helped tens of thousands of people get proper severance packages. Please call us at 1-855-821-5900 if you worked in Ontario, Alberta or BC, for assistance.
Hi my name is Frankie J Diaz I been terminated from my job seence March 11 of last year and I not Orr I can't get in to my unemployment att all so what can I do for me too get my unemployment
Hi Frankie. Sorry to hear that you lost your job. If you worked in Ontario, Alberta or B.C. (Canada), we can definitely review your situation and see how we can get the compensation your employer owes you. Contact us at 1-855-821-5900 or by going to www.EmploymentLawyer.ca
I am an Ontario resident. My husband left his previous employer to join the new company but then the recruitment team gave a new joining date due to incomplete paperwork and then further they have stopped communication now, there is no update regarding the joining. My husband have all the signed document with details and even his background verification was also cleared. He is unemployed from last 2 months and due to COVID and low market, he is unable to find a job now.. does he deserve any compensation in this case.?.?
Hi Swati, your husband may likely be owed compensation in this situation. He should call us immediately a 1-855-821-5900 or fill out an online form at stlawyers.ca/contact-us/ to talk to our team about his options.
I was terminated from pg school board in Maryland without any warning or papers of termination I was working for the school board for over 4 years... checked my record aka my folder to find out what was going on.. and my folder was clean.. spotless... and then I called the "main" people about it.. and they said.. "They can let me go whenever they wanted too" I was a temporary employee I can be let go whenever they decide to let me go.. I was told there was nothing I could do is that true??
@Felicia: Our firm assists individuals in Ontario and British Columbia, Canada. Unfortunately, we cannot assist individuals working in the United States at this time.
If you noticed they hired another person after, then you have a case. Wrongful Termination. Employers have to give you a reason. Its also a question when filing for unemployment.
@@dave7701 they were telling me your temporary we have the right to let you go when we felt we don't need your service, and I was like how could they be able to do that to people... everything was out of nowhere... I was home getting dress to go in and my boss calls me and says you have been terminated.. I was like wow.. I thought he was playing with me... I had good evaluations and then bam right in my face.. no warning "NOTHING"..
GEORGE CARLIN ALWAYS SAID, "YOU HAVE NO RIGHTS" THE ONLY RIGHT YOU HAVE IS TO GET OUT
My license was used to secure a government authorized retail store authorization. I was told that I will be paid when the business opens. It took the corporation 14 months to secure their retail store authorization from the government. When the business opened I was given a job offer. On the 7th day of my employment I was told by one of the directors to leave and that I was not required. I was not paid wages or anything. It's 3 months now that the business is running. My license was replaced by one of directors license. Please help me.
Hi Raj. If you lost your job in Ontario, Alberta or B.C. please contact our team at www.EmploymentLawyer.ca to find out how we might be able to assist you.
can you fire someone without provided proper training for example someone who doesn't have education and then a new manager comes in without trying to assist the employee who was trained with old processes
Thanks for your question. In Canada, an employer can fire an employee for any reason, legitimate or otherwise, as long as that reason isn't discriminatory (i.e. they are fired because of their age, gender, disability or other protected category).
That means that an employer can fire someone who doesn't perform properly because they don't have the right training. However, this would be called a termination without cause, in which case the employer owes FULL severance pay - as much as 24 months' pay. Failure to provide proper severance can result in a wrongful dismissal.
If you work in Ontario, Alberta or B.C. and lose your job. Contact us at 1-855-821-5900 or www.EmploymentLawyer.ca to get what you're owed.
Do we pay taxes on severance?
Yes. Taxes must be paid on severance.
And I work with the company for about 16 to 17 years and I been paying for everything else that itt I have to pay for the unemployment
Do you guys serve in Saskatchewan?
Hi Alfonso. We currently do not assist individuals with non-unionized workplace matters related to employment in Saskatchewan (as of June 2022). Our firm can represent clients in Ontario, Alberta and B.C.
Did you get any answers?
Do you serve USA clients?
Hello. At this time (September 2020) we work with clients in multiple Canadian provinces, but no American jurisdictions.
I was just wrongfully terminated from my job today because I am sick and couldn't come to work because I work around food.
Brittany, if you worked in Ontario, Alberta or British Columbia, you need to contact our team immediately at 1-855-821-5900, or fill out a form online at www.EmploymentLawyer.ca. You are likely owed full severance pay, which is based on a number of factors. Do not sign any termination or exit papers from your employer, or any severance offer they may give you.
Please refer to guidelines for United States
LETS LOBBY AGAINST THIS "AT WILL" LAW ONCE AND FOR ALL! EMPLOYERS CAN GET AWAY SO EASILY WITH THIS SAY THEY WANT TO BRING A FRIEND IN BUT CAN EASILY LIE INSINUAT8NG AN ALTERNATIVE, FAKE EXCUSE....it's not fair to ppl trying to make an honest wage to support their families but simultaneously not know the shady ppl you may be dealing with in such a stratified system.
At will Terminating for no reason should be illegal
Termination clause
It is not "your boss doesn't like you"
Hi i did get fired for no reason they made a lie and I do have a witnesses Long story short story the reason why because I said the F word wishes they did not can I sue The company ore no
Hi Yousef. An employer is allowed to fire an employee for many reasons, including the use of profane language at work. In Canada, it would likely be considered a "termination without cause." While the employer can fire you for that reason, they would need to pay you proper severance. When they fail to do so, it becomes a "wrongful dismissal." If you were fired in Ontario or British Columbia, Canada, you should contact our firm at 1-855-821-5900 or fill out an online form to connect with our team so we can help you get the severance package tailored your specific situation: stlawyers.ca/contact-us/
Is it considered valid grounds if the guy made her ex girlfriend pregnant and pursued other woman?
Hail the state. Workers Unite! Comrades marching to victory over the proletariat. Because this has worked out so well for our brothers and sisters (ooops, comrades) in Cuba, and the glorious people’s paradise of the Soviet Union. This is a ridiculous law. Is there an assumption that businesses fire workers for amusement? No, they fire workers who are not productive enough to justify their salary, even though the restaurant will have to pay to train someone else. That’s it. All this law does is creep us a little further away from personal responsibility. It’s a law for those who feel “entitled” to a job, even if they don’t develop skills the market is willing to pay for. And for politicians pandering for votes by “awarding” workers from the business owner’s pocket. It’s an approach that fails. Every. Single. Time.
Anybody use these guys? What do they CHARGE
How does employers deal with survivors of child sexual violence 🤔 😳
Thanks for your comment.
@@SamfiruTumarkinToronto ok just wondering about that
“You’re not losing anything” easy for you to say when you’re employed…