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can you be fired for moonlighting

In Ontario, an employer does not need a reason to terminate an individual's employment. However, the employer must provide the individual with notice of termination or payment in lieu thereof (i.e. severance) or establish that it had just cause to terminate the employment relationship. Just cause requires the employer to demonstrate that the employee committed serious misconduct that, in essence, destroyed the trust necessary to continue the employment relationship. In most cases, "moonlighting" (i.e. having another job) will not constitute just cause, unless it was expressly prohibited by the employment agreement or interfered with the employee's primary job. Therefore, if your employment was terminated for moonlighting, you are likely entitled to severance pay. Please contact our firm to determine how we can assist you.
The Lawyers at Samfiru Tumarkin LLP
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