It is not always possible to fire an employee at will. You generally need ground for such a decision. In Québec, here are some reasons for which you can fire an employee:
- Theft (or fraud),
- Dishonesty regarding work hours,
- Inability to perform work,
- Absence from work, or
- Breach of the duty of loyalty.
Firing an employee without grounds exposes your company (and sometimes yourself) to severe financial consequences. Said employee can ask the Commission des normes de l’équité, de la santé et de la sécurité au travail (CNESST) to intervene.
JuriGo helps you understand the main grounds to fire an employee from your company!
1) Theft (Or Fraud)
Whenever an employee commits theft against the company, it will be possible to fire the wrongdoer. When making a decision, it is necessary to consider the overall context to determine whether the dismissal is the right decision.
If you are faced with theft, several factors may aggravate (or mitigate) the act, namely:
- The employee stole on multiple occasions,
- The employee’s seniority within that company, and
- The awareness of the employee.
In practice, it is possible that a single theft may not justify dismissal. However, repeated acts are likely to be sufficient. The employer also needs to consider the employee’s state of health. If his psychological condition prevents him from being responsible, the dismissal might be complicated to justify.
Good To Know! If you detect theft or fraud affecting your business, it will be possible to fire the employee without notice. However, to limit the risks of litigation, be sure that you have identified the correct persons and gathered all the evidence.
You wish to bring legal proceedings to recover the money stolen? JuriGo helps you find the right lawyer
2) Dishonesty Regarding Hours Worked
Especially with remote work, it is harder to track the hours worked by the employee. If you realize that an employee steals time from the company, it is possible to fire said employee.
If someone receives a salary, he is obliged to provide an honest work performance. Actually, the interest of the company needs to prevail over the interest of the employee during his work hours.
Therefore, if an employee claims a salary for hours that he did not work, it will be considered theft. Of course, the employer will have the burden of proof. Hence, he will have to demonstrate a fraudulent manoeuvre by the employee. For example, it could be:
- Leaving work early,
- Sleeping on the work premises,
- Taking longer beaks, or
- Repeated loss of time.
Each situation must be examined individually in order to determine an appropriate measure. It is not always legitimate to fire an employee for the first infraction.
3) Inability To Perform Work
If an employee is unable to perform their task due to functional limitations and you do not have another available position in the company, it will be possible to terminate their employment.
The first thing to verify is whether you have an alternative position available in the company. If you do and you still decide to fire the employee, such a situation could potentially lead to a discrimination case.
Furthermore, you will have to demonstrate that the employee cannot resume work within a reasonably foreseeable timeframe. If your employees are unionized, different rules might apply.
Have you realized that an employee falsified their medical record to obtain a leave of absence? It will be possible to fire this employee without further notice.
Before making a decision, seek legal advice from an attorney specializing in labour law!
All you need to do is fill out the form below, and we will find a lawyer for you for free!
4) Absence From Work
You can terminate a professional relationship if an employee refuses to return to work after being made eligible to go back to work and resume their duties.
In other words, if the employee refuses to return to work, you can consider the situation as an implicit resignation. The employee in question placed themselves in a situation where the employment contract was canceled.
Furthermore, if an employee is absent for a long period without adequate justification, the employer must demonstrate that the employee did not have a valid reason for the leave.
It is a delicate situation as you need to be sure that you do not contravene the Charter of Human Rights and Freedoms. For instance, if the employee suffers from a psychological condition, you must attempt to provide accommodation where possible.
5) Breach Of The Duty Of Loyalty
Every employee owes a duty of loyalty to their employer. If the employee commits or participates in fraud against their employer, it will be sufficient ground to dismiss them.
The disloyalty breaks the bond of trust between the employee and the employer. Therefore, it is justified to terminate the contract. Nonetheless, a progression of disciplinary measures is often recommended, unless the fraud occurs repeatedly.
6) Breach Of The Company’s Regulation
The employees must comply with the laws, but also the rules established by the company itself. If an employee commits an inexcusable error that endangers the health and security of other employees (or customers), it is possible to immediately terminate their contract.
In such a situation, the fault doesn’t need to be intentional. If it is so dangerous that it warrants serious consequences, the employer will have to decide to terminate the employment.
Because of the imbalance of power between the employer and the employee, the law gives a lot of protection to employees. However, that does not mean that there is no ground to fire them.
Before making a decision, it is recommended to consult an attorney specializing in labour law. With their help, you will be able to confirm the decision and mitigate the risk of potential litigation for wrongful dismissal.
JuriGo can help you find the right lawyer for you without commitment from you and entirely for free!