Termination Letter to Employee for Cause

A Termination Letter for Cause is a letter advising an employee that they are being terminated from their employment.

This letter indicates to the employee that they are being fired (terminated for cause), that any outstanding wages owing will be paid, and that all work-related matters must remain confidential.

Certain examples of termination with cause include:

• lack of respect;

• harassment and discrimination;

• dishonesty;

• theft or fraud; and

• absenteeism.

For employees who don't have a union, the termination notice may be contested by filing a lawsuit for wrongful termination. The deadline is normally two years.

In the event that the employer is terminating the employee for a breach of policies, the Termination Letter to Employee for Breach of Policies should be used.

HOW TO USE THIS DOCUMENT

This letter is specifically used for employees being terminated with cause. The employer (or an authorized agent) will send this letter advising that the employee is being terminated, and this may include descriptions of why the employee is being terminated.

A description of why the employee is being terminated serves as evidence of termination with cause. In other words, the employer should set out the reasons that the employee is being terminated with cause.

If employee misconduct in the workplace was not severe enough to warrant an outright termination, then proof of warnings should also be highlighted in this letter. This shows that the employer repeatedly warned the employee about their conduct. The progressive warnings have led the employer to terminating the employee.

This letter can be sent to the employee and a copy of this letter should be kept for documentation purposes in the employee's file.

The employer should also maintain on record each of the warnings given to the employee, if any.

APPLICABLE LAW

In Canada, employment law is governed by legislation and case law. At the federal level, the applicable statute is the Canada Labour Code (R.S.C., 1985, c. L-2). Each province will have their own counterpart piece of legislation. For example, in Ontario, the applicable law is the Employment Standards Act, 2000, S.O. 2000, c. 41. Official government websites may assist in describing the parameters of these statutes.

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