Small business starter employment law packages

Small Business Starter Packages

Don’t put it off any longer. To help you, we have put together several different cost-effective packages to fit any business’ needs and budget.

Rudner Law's Employment Law Newsletter

Join our Email List

Stay Up To Date. Subscribe To Our Newsletter.

Upcoming Events

All Events
Fire Away with Stuart Rudner

Fire Away!The Employment Law Show

Rudner Law hosts a monthly Q&A show streamed live on Facebook and to Youtube.

Dismissal With Cause

When can you “fire” someone (ie. dismiss them for cause)? Is it only based on the conduct in question, or do you have to consider other factors?

Do you need to warn an employee before dismissing them for cause?

Do you have a legal obligation to investigate before dismissing someone?

What if an employee’s performance is consistently not meeting expectations; can that be cause for dismissal?

If an employee is dismissed for cause, then they are not entitled to any notice or termination pay at all (other than the nominal amount that may be required by statute in some cases). Understandably, the threshold for establishing just cause for dismissal is high.

Employers who act hastily, without proper investigation and consideration, expose themselves to substantial liability. Our courts have made it quite clear that when considering dismissal, an employer must consider not only the incident or misconduct in question, but all relevant factors. This can include anything from the employee’s employment history to mitigating factors such as addiction. In some cases, two employees that are guilty of the same offence will receive different levels of punishment. And employers that get this wrong can end up spending a lot more than they would have if they had simply packaged the employee out.

How We Can Help

Stuart has spent years studying the law of dismissal for cause, and has literally written the book on the subject. He knows that courts are often reluctant to find that just cause for dismissal exists, as the consequences for the employee are so harsh. After all, some Judges have referred to summary dismissal as the “capital punishment of employment law”. 

As Stuart often says, however,  “just cause is not a lost cause”; courts and arbitrators will uphold a summary dismissal where the circumstances warrant it. In the course of updating his book, You’re Fired! Just Cause for Dismissal in Canada, twice every year, he reviews every just cause case in Canada. As a result, he knows what Judges are looking for.

Proper strategy begins long before you dismiss an employee. Our team will assist you in addressing suspected misconduct or poor performance. We can help you assess the need for  investigation and the appropriate disciplinary or other response. If dismissal is appropriate, we will help assess if just cause exists and then work with you to develop a strategic approach.

We want to be your Trusted Advisor, your Chief HR Law Officer, your business partner. Let us be part of your team, so that we can look after your employment law issues, and you can focus on your business.

Schedule a Meeting

If you think you may need an Employment Lawyer, then you probably do.

 

fired for cause book

You’re Fired! Just Cause for Dismissal in Canada

This well-written and comprehensive textbook, authored by Stuart Rudner, provides legal advice to employers, employees, and their legal counsel, as to whether summary dismissal is appropriate in a particular circumstance.

Free HR Checkup Ebook

Get Your Free HR Checkup Document

Enter your contact information and we will send you a link to download a free digital copy of our HR Checkup.