FREQUENTLY ASKED QUESTIONS AND ANSWERS

If I had cause then can I send the person home with nothing that day?

In short – probably not. The answer is that even if you send the employee out the door with nothing, you still may owe them money, and how you handle the situation may determine how much. As outlined above, just cause must be dealt with very carefully. Always consult with a lawyer to make sure that you have a reasonable cause case, and are less likely to be hit with a claim for bad faith in how you’ve carried out the termination. 

Judge-made law from Ontario though suggests from previous cases that unless an employee has displayed “wilful misconduct, disobedience or wilful neglect of duty,” they will still be owed at least their minimum termination pay (and other requirements) outlined within employment standards legislation. Moreover, a recent decision from the Ontario Court of Appeal confirms that a written employment contract needs to comply with employment standards legislation minimums in order to be legally valid. While different provinces may weigh each scenario differently, be prepared for the fact that even a termination with cause may wind up costing some money.