Termination for Cause

In employment, the term “termination for cause” is a last-resort remedy. It is also sometimes referred to as the “capital punishment” of employment and labour law. Termination for cause occurs where the employer dismisses an employee without providing notice of dismissal or a severance package, as there is an alleged “cause” for the termination. 

Termination for cause is an appropriate response by the employer where the employee has engaged in serious acts of wrongdoing. It is also appropriate in cases where the employer has made attempts at using a progressive discipline procedure, however, the employee has not responded.

Termination for cause

Termination for cause is found where there is serious misconduct, habitual neglect of duty, incompetence, etc. The acts or omissions will have gone to the root of the employment agreement, and it will become impossible for the employment relationship to continue.

Who bears the onus?

Whenever an employer has terminated an employee for cause, they will bear the evidentiary burden of proving on a balance of probabilities that the employer had just cause to terminate the employee for cause. In these cases, the employer bears the burden of proving just cause, as they were the one who had alleged the cause.

Termination for cause is examined on a case-to-case basis. When examining whether the just cause is justified, the employer will have to prove that the acts or omissions of the employee were so significant that the employee’s misconduct repudiated the employment contract, and that the employment relationship can no longer continue.

How can Zeilikman Law help?

Our experienced lawyers understand the risks involved when terminating an employee for just cause, as improperly alleged cause can result in a wrongful dismissal proceeding. 

We can help provide the legal advice needed to ensure that all steps taken in a termination for cause meet the legal requirements necessary to avoid liability altogether or minimize liability if a lawsuit is inevitable.

If you are in need of legal advice concerning  the termination of a particular employee, or if your company has been served with a lawsuit or notice of a legal proceeding in respect of the termination of one of your company’s employees, we invite you to contact us to request a consultation without delay.

Legal Receptionist

Zeilikman Law is an employment law firm located in Vaughan, Ontario. We are looking to hire a legal receptionist to join our firm. Preference will be given to candidates who have experience working as a receptionist at another law firm.

Location: Vaughan, Ontario.

Start Date: Immediately.

Hours: Monday to Friday, 9 am to 5 pm. Full time. In-person only. This is not a remote work position.

Wages: 35,000 to 40,000 per year.

Duties and Responsibilities:

  • Manage our firm’s multi-line telephone system to receive incoming calls.  Screen incoming telephone call inquiries to determine the nature of the telephone call and provide standard information related to our legal services.  Take and deliver messages and route incoming telephone calls to the appropriate staff person.
  • Answer general inquiries coming from the firm’s social media and website email.
  • Welcome in-person visitors upon arrival.  Direct visitors to the appropriate staff person and / or office or boardroom.
  • Organize in-person visitor schedule to prevent overlap and multiple bookings.
  • Receive, sort, and distribute daily mail and deliveries.
  • Arrange for couriers.
  • Keep front reception, kitchenette area and boardroom tidy.
  • Perform various clerical duties such as filing, photocopying, and faxing on an as-needed basis.
  • Process client or other payments.
  • May be asked to run minor errands outside of office such as attending post office to arrange a courier or pick up mail.
  • May be asked to assist other law clerks or lawyers of the firm as required and as appropriate.
  • Any other basic administrative duties or tasks as deemed appropriate.

Required Skills:

  • Basic knowledge of general office procedures including filing, faxing, and printing and copying.
  • Basic word processing computer skills.
  • Proficient in receptionist and telephone practices, etiquette, and decorum.
  • Professional attitude and appearance.
  • Excellent organizational skills.
  • Positive customer service attitude is a must.
  • Must be able to maintain confidential and sensitive information.

Education and Experience:

  • Highschool diploma or equivalent.
  • 1 – 2 years’ experience in an office setting with an emphasis in accounting, reception or clerical work is required.   We would prefer experience in a law firm environment.

Applications for this position should be sent via email to jennifer@zeilikmanlaw.com. All applications should include a cover letter, resume and at least two references. Only successful candidates will be contacted.