A beginner’s guide to without cause terminations
If an employer terminates an employee without cause, it means they don’t have to provide a reason, but they do have to provide “notice”.
Does an illegal ‘just cause’ clause void a legal ‘without cause’ clause in an employment agreement?
In Waksdale v. Swegon North America Inc., 2019 ONSC 5705 (CanLII), the Plaintiff signed an Employment Agreement that had a Termination Section that contained both a Termination Without Cause Clause and a Termination With Cause Clause. However, it is important to note that the Termination Without Cause Clause and the Termination With Cause Clause were in two distinct paragraphs separated from each other in the Termination Section. They were not mixed together in the same paragraph.
Progressive discipline leads to termination for cause for poor performance
I sometimes hear lawyers tell the clients that upholding just cause for poor performance is almost impossible. Not so if the employer does it right.
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