What are my rights when my employer alleged cause against me?

Just cause termination is a crucial and often misunderstood area of employment law in Alberta. It allows an employer to terminate an employee without notice or severance due to serious misconduct or incompetence. However, proving just cause is a stringent process, governed by Alberta’s Employment Standards Code and common law principles. Employers must meet a high evidentiary burden, and employees have legal rights to challenge such terminations.

This guide by TZ Law aims to demystify the concept of just cause termination, providing essential information for both employers and employees.

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What Is Just Cause Termination?

Just cause termination occurs when an employee’s actions irreparably damage the employment relationship, leaving no alternative but dismissal. Common examples include:

• • Theft or fraud

• • Workplace violence or harassment

• • Gross incompetence after repeated warnings

• • Chronic absenteeism or insubordination

However, employers cannot terminate at will; they must demonstrate the misconduct was severe enough to justify immediate dismissal without notice or severance.

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Employer’s Burden of Proof

The responsibility to establish just cause lies with the employer, requiring:

1. 1. Clear Evidence: Employers must document the misconduct, such as witness statements, incident reports, or emails.
   2. Proportionate Response: The termination must align with the severity of the misconduct.
   3. Progressive Discipline: Employers should provide warnings, opportunities to improve, and appropriate training unless the misconduct is exceptionally grave. 

Failure to meet these criteria can lead to wrongful dismissal claims, exposing employers to legal and financial consequences.

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Condonation Defense: A Key Employee Strategy

Employees facing just cause termination can argue the employer condoned their behavior. Condonation occurs when an employer, aware of the misconduct, takes no immediate action or continues the employee’s role without consequence. This defense invalidates claims of just cause and may result in entitlement to severance or damages.

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Post-Termination Rights and Steps for Employees

If terminated for just cause, employees should:

1. 1. Seek Legal Advice: A lawyer can evaluate the validity of the termination and potential claims.
   2. Preserve Evidence: Retain all communications, performance reviews, or records supporting your case.
   3. Avoid Signing Documents: Do not agree to waivers or settlements without consulting legal counsel.

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Severance and Other Entitlements

Employees dismissed for just cause are typically ineligible for severance. However, employers must conclusively prove misconduct. Employees may still claim:

• • Accrued vacation pay

• • Unpaid wages

• • Other statutory entitlements

An unfounded just cause allegation can result in higher severance payouts under wrongful dismissal claims.

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Contact TZ Law for Expert Guidance

At TZ Law, we specialize in employment law. Whether you are an employer navigating a complex termination or an employee contesting a wrongful dismissal, our team is here to help.

If you’ve been terminated, don’t settle for less. Schedule a consultation with TZ Law—your trusted employment lawyers in Alberta. Our dedicated employment law experts proudly serve communities in Calgary, Edmonton, Red Deer, Grand Prairie, Lethbridge, Airdrie, Fort McMurray, Medicine Hat, Sprice Grove, Leduc, Cochrane and surrounding areas.

📞 Contact us today to protect your rights and ensure a fair outcome.

TZ Law: Your Trusted Advisors in Employment and Privacy Law.