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:
► 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:
► 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 ( 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:
• 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:
► 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:
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► Calculate the amount of severance pay your are owed with the Severance Pay Calculator:
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