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Hello
I read the questions and listen quite often to the radio show. ON many occasions, you stated, that firing for cause is extremely , extremely difficult, in fact you refer it to the death penalty of the work world. I quote one sentence that you wrote
"Terminating someone for cause based on poor performance is an extremely high standard "
But yet In another answer to a question, you stated the following, "You definitely need a lawyer as terminations "for cause" are notoriously difficult to challenge by self-represented employees".
My question would be in termination someone for cause is an extremely high standard,why are they so difficult to challenge
Thank you
That is a good question. While it is generally difficult for an employer to convince a court that it has just cause to terminate an employee's employment, it is very easy for an employer to allege just cause and refuse to pay the employee termination pay. That is, the employer does not have to meet any standard to allege just cause and withhold termination pay. In that scenario, the employee will need to sue the employer for wrongful dismissal damages. If going down this route, it will be important to understand and communicate the applicable legal principles and jurisprudence to convince an employer and court that just cause has not been established.