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Being fired “for cause” sounds final. In Alberta, it rarely holds up. Just cause is one of the highest legal standards an employer must meet — and most don’t. Before you accept that you’re owed nothing, get a second opinion.
Just cause is not a label an employer gets to attach to a termination. It is a legal standard that must be proven. Alberta courts apply a three-step proportionality test: first, what is the actual provable misconduct? Second, what is the full context — the employee’s history, role, and the degree of trust required? Third, did the misconduct cause an irreparable breakdown of the employment relationship? If the answer to that third question is no, it is not just cause. All but the most serious misconduct also requires progressive discipline before a dismissal can be justified.
Employers rarely succeed in proving just cause because they must demonstrate that no lesser form of discipline would have been appropriate. A warning, a suspension, or a performance improvement plan — if any of those options would have addressed the issue, dismissal is not justified. In all but the most egregious cases — theft, fraud, or serious dishonest conduct — courts expect to see a record of progressive discipline before the employer resorted to termination. Without it, the just cause defence almost always fails.
A ‘for cause’ termination feels like the door slamming shut. In our experience, that’s exactly when employers are bluffing. We’ve turned more ‘for cause’ files into full severance than any other type of case.
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Workplace challenges can be difficult to navigate alone. Our firm is committed to helping employees understand their rights and find the right path forward.
We start by reviewing the alleged misconduct against the actual record — your performance reviews, disciplinary file, and any incident reports. In most cases, the record does not support the allegation. Either the misconduct is not as serious as the employer claims, progressive discipline was never followed, or both. That gap between what the employer says and what the record shows is often glaring.
Once we’ve assessed the file, we send a formal demand requiring the employer to either prove cause at trial or pay full common-law severance. Most Calgary employers — and their counsel — know that just cause is hard to prove. Most settle well before a courtroom is involved.
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Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.
Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.
We work with employees from all backgrounds who need trusted legal guidance during difficult workplace situations, including severance package reviews and wrongful dismissal claims.
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