Being fired from a job or terminated “for cause” can happen to anyone. Let us set out a very common workplace situation that happens to lots of people. It’s 4:30 p.m. on Friday, and you’re sitting at your desk and ready to leave work. However, before you go, you suddenly receive an email from someone from the company’s HR department that tells you that a complaint was made against you and they would like to discuss the situation upon your return to work on Monday at 9:00 a.m. No further details are given.
You start to ruminate over what just occurred on the drive home from work. Is it something you said? Or was it something you did? You have no idea what the complaint details are.
Now it is finally 9:00 a.m. on Monday. You are sitting opposite the head of HR, the company’s CFO and a representative from the “Compliance Department.” You discover that the company supposedly found irregularities in the way you used the company’s credit card. No further details are provided. You are asked to surrender the company’s cell phone, keys and laptop. In reply to these demands, you ask if you can return the phone in a week because it is your only cell phone, but you are denied the request. You are told that you are relieved from your duties and are suspended with pay pending the outcome of the investigation. Security escorts you out the door.
You have been employed for 10 years with the company, and you feel betrayed, angry and anxious due to the investigation. You believe your employer’s claims that they found “irregularities” with respect to the use of a company credit card contrived. You have always been diligent in documenting expenses and have been a model employee throughout your service with the organization. However, as you think back on these issues you remember that there was that one time when the company’s owner and your boss invited you to use the company’s spending account to take your son to a concert – he specifically said that you can treat it as a token of the company’s appreciation of your hard work. When you asked him if you should make a formal request with the accounting department, he said not to worry and to simply run the expense through the company’s credit card that was in your possession. The interaction was verbal, but this ought not to have been a problem, right? Surely your employer would not use such a weak excuse to fire you?
It’s been four weeks since you were placed on suspension and, other than being advised that the investigation is still ongoing, your follow-up emails to HR led you nowhere. However, you finally get an email that you are requested to attend another meeting. So, when that time comes, you are again sitting opposite the head of HR, the company’s CFO and a representative from the “Compliance Department.” The head of HR slides an envelope across the boardroom table and advises you that you are being terminated for the cause of “theft.” You are shocked and ask to be provided with details to substantiate the allegation. In reply you are told that you have made an unauthorized use of the company’s credit card to purchase concert tickets. You are further advised that you should strongly consider accepting the offer made in the enclosed envelope which is available for acceptance within two days from the date of the offer following which it will be automatically withdrawn. The offer is worth two months’ pay and is being made on a “without prejudice” basis.
You walk out without saying a word because you feel humiliated by this process and angry that your employer would treat you this way. You have no idea what to do or what should your next steps be. Is there anything that you can do here? Should you just accept their offer? Do you have rights?
What should you do? Give us a call. Do not sign anything. Do not accept any offer the employer provides without getting legal advice first. The employment lawyers at Zeilikman Law can help any employee in this situation figure out what their next steps should be to protect their employment rights by claiming wrongful dismissal and entitlements to compensation.
This situation is overwhelming, but you have more options than you think. To protect yourself, start by reading our essential guide on what to do if you have been fired.
It is also critical to understand that even with a “for cause” allegation, employees terminated “for cause” may still be entitled to statutory entitlements.
