Is Insubordination Just Cause for Termination In Canada?
- November 24, 2020
- Rahul Soni
- Employee Rights
- 0 Comments
Has your employer recently dismissed you with cause claiming insubordination or insolence? If so, you may be wondering if this is a justifiable reason for you to have been dismissed. Within Canada, there are specific grounds that may justify your employer to dismiss you with cause. In some cases, insubordination can be considered just cause for termination. Every employee and employer relationship is unique and without a full understanding of your specific situation, it may be difficult to know if your dismissal for insubordination is justified.
In this article, we will help you to understand what grounds qualify for an employer to dismiss you with cause. Being terminated from your employment is stressful and can often be an emotional event. If you have recently been terminated it is likely a good idea to consult an employment lawyer to ensure that your rights as an employee have not been breached.
The experts at Soni Law Firm are experienced dismissal lawyers who are ready to help make sense of your situation and protect your rights. If you feel that you have been unjustly dismissed by your employer don’t hesitate in booking your free consultation with Soni Law Firm today.
What Grounds Qualify as Justification for with Cause Dismissal?
In order for an employer to dismiss an employee and claim that it was with cause, they must demonstrate what the cause was. An employer is not able to claim just anything as the cause. Instead, the causes must be reasonable. Each situation is different, and it may not be a straightforward claim. Many factors will affect what qualifies as just cause.
Some of the most common reasons that an employer will cite when dismissing an employee with just cause include:
- Insubordination
- Incompetence
- Harassment or Sexual Harassment
- Workplace Dishonesty
- Absenteeism or Lateness
- Violence
- Off-Duty Conduct
What Does Insubordination Mean?
Most of the time it is expected that an employee will do as instructed by an employer if the request is lawful and reasonable. The request must not endanger the health of an employee and must be within the scope of the employee’s role. When an employee deliberately refuses to obey their employer, this can constitute insubordination and may be grounds for dismissal with cause.
Though disobeying your employer may be grounds for just dismissal, not every instance where an employee disobeys an employer will be considered grounds for dismissal. There are many factors that need to be considered to determine whether an employee is justified in refusing their employers’ request.
Can I Challenge My Employers Decision?
If your employment has been terminated and your employer is claiming that it is with cause and due to insubordination, you have options. You do not have to take your employer’s claim as fact and you may wish to consider challenging it.
If you choose to challenge your dismissal it is a good idea to obtain the services of a qualified employment lawyer. Not only will they be able to help you determine if you have a case, but they will also be able to represent you. You deserve to be treated fairly and with respect. If you have any concerns with the circumstances of your termination consider booking a free consultation with the experts at Soni Law Firm.
Can I Get Severance Pay for Dismissal with Cause?
When an employee is terminated with just cause they are not entitled to severance pay or notice of termination. For this reason, many employees who have been dismissed with cause, choose to challenge their dismissal. Employees may wish to turn to their union or hire an employment lawyer to assist them with their challenge of their employer’s dismissal.
How Can I Know If My Employers Claim Is Unjust?
Your situation as an employee is unique and there are many factors that will be considered when determining if your dismissal is unjust. Being terminated is a stressful experience no matter when it happens. The added stressors of having your employment terminated with cause can be an even larger burden.
There may not be a clear cut answer as to whether or not your termination was unjust. For this reason, you should always reach out to an employment lawyer with any concerns you have about the circumstances of your dismissal. An experienced dismissal lawyer will help you to understand both your rights as an employee and the obligations of your employer. Don’t settle for less than you deserve.
About Post Author
Rahul founded Soni Law Firm, a boutique employment, labour, and human rights law firm, with the goal of taking his Downtown Toronto litigation experience and making it accessible to Ontario’s Main Street employees and employers.