Generally speaking, here’s your cheat sheet on building a case for just cause:
1) Has the Employee exhibited extremely serious intentional misconduct justifying immediate termination? (we are talking things like stealing and assault, not poor performance);
2) If not, has the Employee had a pattern of poor performance which has been documented and conveyed to the Employee through a progressive discipline process? (document, document, document!);
3) Has the Employee received warnings and realistic opportunities to improve their behaviour? (written warnings, coaching and support, and formal performance improvement plans make all the difference here!);
4) Despite these warnings has the behaviour continued? (we’re talking months, not days); and
5) Have you run the specific circumstances by your lawyer? (“just cause” is a very high bar to meet, and when in doubt, legal counsel can likely save you the headache of litigation later).