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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.
our services
Workplace issues can be overwhelming, but you don't have to face them alone. We help employees across Calgary, Alberta understand their legal rights and make informed decisions about the next steps.
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.
testimonials
Don't just take our word for it. Hear from the employees we've helped navigate wrongful dismissal, severance negotiations, and workplace disputes and the outcomes we secured for them.
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.
After ten years with my employer, I was terminated without cause or proper notice. Lluc and his team explained my rights clearly and built a strong case from day one. They kept me informed at every stage and secured a settlement that recognized my years of service.
I endured months of harassment before I found the courage to seek help. The team treated my situation with real compassion and took my concerns seriously when others hadn't. They guided me through the process and helped me reach a resolution I could live with.
I'd worked as a "contractor" for years, missing out on pay and protections I was actually entitled to. The team recognized the misclassification immediately and fought to recover what I'd lost. Professional, responsive, and genuinely on my side throughout.
I was accused of misconduct and terminated for cause, and I didn't know where to turn. Employment Law Advocates challenged the allegations head-on and stood by me through a difficult process. Their experience and confidence made all the difference in the outcome.
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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