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Posts tagged "Dismissal"

Can you be fired for one act of misconduct? The courts say: Maybe!

Employment lawyers receive calls from employees who have been fired for "cause" or from employers that think they have "cause" to fire an employee.   These calls put us in the position of having to explain the difference between "cause" versus "without cause" termination.   The difference is significant for one essential reason.  In without cause terminations, employers are required to provide reasonable notice or pay in lieu of reasonable notice.  On the other hand, in cause terminations, the employer is not required to provide any notice or pay in lieu of notice.  Given the significant difference, employers will want to take advantage of the opportunity to terminate for cause.    However, an erroneous conclusion about whether cause exists can be costly, and if the dispute ends up in court, the consequences can be severe for the employer found to have wrongly alleged cause.