A just cause dismissal lawyer in Vancouver helps non-unionized employees challenge an employer’s claim that serious misconduct justified firing them without notice or severance pay.
Your employer does not establish just cause simply by putting “termination for cause” in your dismissal letter. The employer has the burden of proving both what happened and that dismissal without notice was a proportionate response to the circumstances.
If the employer can’t prove just cause, you can be entitled to a full severance package. Don’t accept that you are owed nothing, admit misconduct in writing or sign a release before a Vancouver employment lawyer reviews the allegations.
On This Page:
- 1. When to Call a Just Cause Lawyer
- 2. What Counts as Just Cause?
- 3. How Our Lawyers Can Help
- 4. Severance After a Cause Termination
- 5. Performance, Misconduct and Warnings
- 6. What to Do After Being Fired for Cause
- 7. Why Choose Samfiru Tumarkin LLP?
When Should You Call a Just Cause Dismissal Lawyer in Vancouver?
You should speak with a just cause dismissal lawyer as soon as your employer fires you for cause, threatens a cause termination or tells you that serious misconduct means you are owed no severance.
You do not need to determine for yourself whether the employer has a strong case. That is what the legal review is for.
Get advice promptly if:
- You were fired immediately and received no severance
- Your termination letter accuses you of misconduct, dishonesty, insubordination or a breach of policy
- Your employer relies on poor performance or attendance problems
- You were fired after an investigation and disagree with its findings
- You were never warned that your job was in jeopardy
- Your employer has offered a small payment only if you sign a release
- You are being asked to admit wrongdoing as part of your departure
Our Vancouver team can assess whether the allegations meet the legal threshold for termination with cause in BC and determine what compensation you can pursue if they do not.
What Counts as Just Cause for Dismissal in Vancouver?
Just cause exists when an employee’s misconduct is serious enough, in context, to justify ending the employment relationship without notice or severance.
The legal test is not simply whether you did something wrong. The employer must establish the misconduct and show that dismissal was a proportionate response when all of the circumstances are considered.
Factors can include:
- What actually happened
- How serious the conduct was
- Whether the conduct was deliberate
- Your position and responsibilities
- Your length of service and employment record
- Whether you had previous warnings or discipline
- Whether a lesser penalty was reasonably available
This is why a workplace rule violation does not automatically equal just cause.
Can one incident be just cause?
Yes. A single incident can justify dismissal for cause when it is sufficiently serious to fundamentally damage the employment relationship.
Serious theft, fraud or other major misconduct can meet that threshold in the right circumstances.
But there is no automatic list where a particular allegation always equals cause. Even dishonesty is assessed in context, including its seriousness and its effect on the employment relationship.
What usually does not amount to just cause?
An ordinary mistake, isolated minor misconduct or simple dissatisfaction with an employee’s performance does not automatically justify dismissal without severance.
An employer can often terminate a non-unionized employee without cause if it wants to end the relationship. The critical difference is that a valid without-cause termination requires proper notice or compensation.
How Can a Vancouver Just Cause Dismissal Lawyer Help?
A just cause dismissal lawyer can test the employer’s allegations against the legal standard, calculate what you are owed and pursue compensation if the cause termination does not hold up.
Review the allegations
We examine exactly what your employer says you did, what evidence supports the allegation and whether important facts or explanations were ignored.
Review your discipline history
Previous warnings, performance reviews, policies and disciplinary records can matter. We determine whether the employer actually gave you a reasonable opportunity to correct a problem where one was required.
Assess proportionality
Even if misconduct occurred, termination without severance does not automatically follow. We assess whether dismissal was proportionate to the seriousness of what happened.
Calculate your severance
If cause cannot be established, we assess the termination compensation you should have received, including salary and other compensation that can form part of the notice period.
Deal with your former employer
When we take on your case, we can communicate directly with the employer or its lawyers, negotiate a resolution and pursue a wrongful dismissal claim when necessary.
Can You Get Severance After Being Fired for Cause?
Yes, if your employer can’t prove just cause, you can be entitled to the termination compensation you should have received.
A valid just-cause dismissal can eliminate an employee’s entitlement to notice and compensation for length of service under BC employment standards. The same allegation can also be used by an employer to deny common-law notice.
That makes the cause issue extremely important. If the allegation fails, a non-unionized employee can have substantially greater rights.
Your full entitlement can depend on factors including:
- Your age
- Your length of service
- Your position and responsibilities
- The availability of comparable employment
- The wording of your employment contract
- Your salary, bonus, commissions and benefits
For many non-unionized employees, common-law compensation is substantially greater than the minimum amount required by the B.C. Employment Standards Act. Depending on the circumstances, severance pay in BC can reach as much as 24 months’ pay.
Is an invalid cause termination wrongful dismissal?
Yes. If your employer improperly denies you notice or compensation by alleging cause that it cannot establish, you can have a wrongful dismissal claim.
Our wrongful dismissal lawyers in Vancouver help employees pursue the compensation they should have received when their employment ended.
Can Poor Performance or Misconduct Justify Cause?
Poor performance or relatively minor misconduct normally does not become just cause simply because an employer is unhappy with your work.
Where the issue is ongoing performance, productivity, lateness or similar conduct, an employer seeking to establish cause will usually need to show that it:
- Established and communicated a reasonable standard
- Explained how you were failing to meet that standard
- Provided a reasonable opportunity and support to improve
- Warned you that continued failure could lead to termination
- Established that the problem continued despite those steps
An employer does not always need a long series of written warnings. Extremely serious misconduct can justify immediate dismissal. But where an employer relies on ordinary performance deficiencies or repeated minor problems, the absence of meaningful warnings can be highly important.
Can you be fired for cause after a performance improvement plan?
Being placed on a performance improvement plan does not automatically give your employer the right to fire you for cause.
A PIP is evidence of a performance process—not proof that the employer has met the legal standard for dismissal without severance.
If you are still employed and have been put on a PIP, take it seriously. Respond professionally, identify any inaccurate allegations in writing and comply with reasonable expectations. Don’t resign simply because you believe the employer is building a case against you.
What Should You Do After Being Fired for Cause?
Get the allegations in writing, preserve your records and speak with an employment lawyer before agreeing that the employer had cause.
Keep copies of your:
- Termination letter
- Employment contract
- Performance reviews
- Warnings and disciplinary letters
- Relevant workplace policies
- Emails, texts or messages connected to the allegation
- Bonus, commission and compensation documents
Write down what happened while the events are still fresh, including who attended important meetings and what was said.
You should also apply for Employment Insurance even if your employer says you were dismissed for misconduct. Your employer’s use of the word “cause” does not by itself decide your EI eligibility; Service Canada applies its own rules.
Should you sign a termination letter?
Don’t sign a document that admits misconduct, accepts the employer’s version of events or releases legal claims before you understand what you are giving up.
You can acknowledge receiving a document without necessarily agreeing that its contents are true. If the employer wants your signature, ask whether it is simply confirming receipt or whether it has a broader legal effect.
Should you respond to the cause allegations?
You should preserve your version of events, but avoid sending an emotional or lengthy response before getting advice if the allegations are serious.
What you write after termination can become evidence. A lawyer can help determine whether a response is useful and how the facts should be presented.
Why Choose Samfiru Tumarkin LLP for a Just Cause Dismissal?
Samfiru Tumarkin LLP’s Vancouver employment lawyers represent non-unionized employees in termination, severance and wrongful dismissal disputes across British Columbia.
A cause termination requires both legal judgment and a detailed examination of the facts. Our team can assess the employer’s evidence, determine whether the punishment was justified and pursue the compensation you are owed when the allegation does not meet the legal standard.
Employee-side employment law experience
Our employment-law team regularly deals with dismissal, severance, workplace discipline and employment-contract disputes on behalf of employees.
A focus on compensation and resolution
The goal is not simply to tell you that your employer was wrong. We determine what the error is worth and pursue the appropriate financial remedy.
Negotiation and litigation when necessary
Many employment disputes can be resolved through negotiation. If a fair settlement is not available, our lawyers can pursue the claim through the appropriate legal process.
Local Vancouver employment lawyers
Our Vancouver team assists employees throughout Vancouver and the Lower Mainland. For other workplace or termination issues, visit our Vancouver employment lawyers page.
Just Cause Dismissal Lawyer Vancouver: Frequently Asked Questions
Does my employer have to prove just cause?
Yes. The employer bears the burden of establishing that the conduct occurred and was serious enough to justify dismissal without notice or compensation. A cause allegation is not proven simply because it appears in a termination letter.
Can I get severance if I was fired for misconduct?
Yes, if the misconduct does not meet the legal threshold for just cause. An employee can make a mistake or engage in misconduct without necessarily losing their right to termination compensation.
Can I be fired for cause without any warnings?
Yes, but usually only where the misconduct is serious enough to justify immediate dismissal. For ordinary poor performance or repeated minor problems, prior warnings and a reasonable opportunity to improve are usually important to establishing cause.
Is insubordination always just cause?
No. Insubordination does not automatically establish just cause. The seriousness of the refusal, the instruction involved, your explanation, your employment record and the surrounding circumstances all matter.
Is dishonesty automatically cause for dismissal?
No. Dishonesty is assessed in context rather than under an automatic rule. The question is whether the conduct was sufficiently serious to undermine the employment relationship and justify dismissal without notice.
How much can a wrongful cause dismissal be worth?
If cause is not established, the employee can be entitled to the same notice or compensation that should have been provided in a proper termination. Depending on factors such as age, position, length of service and the availability of comparable work, common-law severance can reach as much as 24 months’ pay.
What if my employer offers severance but still says I was fired for cause?
Have the offer reviewed before signing. A conditional payment or settlement offer does not necessarily establish that the cause allegation is valid or that the amount offered reflects your full entitlement.
Speak With a Just Cause Dismissal Lawyer in Vancouver
Being fired for cause can affect your income, severance and professional reputation—but your employer’s allegation is not the final word.
If you are a non-unionized employee who has been fired for cause in Vancouver, Samfiru Tumarkin LLP can review the allegations, determine whether the legal threshold has been met and pursue the compensation you are owed if it has not.
If the cause allegation results in you receiving little or no termination compensation, we can also determine whether you have a wrongful dismissal claim in BC and whether your severance offer should be challenged.
Don’t let the words “just cause” decide what happens next. Have the termination reviewed.