From Incompetence to Misconduct: Discharging the Burden of Proof In Just Cause Cases

Termination for cause has been called the capital punishment of employment law. The bar to discharge employees will vary widely depending on the nature of the misconduct, incompetence, or negligence.

By reviewing recent case law, this webinar will illustrate the challenges employers must meet when deciding on whether or not they should give their employees “one more chance”.

We will review various recent cases of interest ranging from employee misconduct on and off work, to plain incompetence, and discuss how employee disabilities can impact the decision to discharge. We will also review cases demonstrating the risks of failing to conduct an adequate investigation as well as cases showing how the manner of termination and the conduct of litigation itself can be a source of liability for employers.

We will also provide an overview of the core principles behind dismissals.

Audience

In-house legal counsel (broadly), including in-house labour, employment and human rights legal counsel, human resources professionals, compensation and benefits professionals, senior leadership, legal directors/teams, people/team managers, consultants, workplace investigators

Agenda

• 2:00 pm - 3:30 pm ET / 11:00 am - 12:30 pm PT Webinar and Q&A

Cost

This webinar is complimentary

Materials and Webinar Recording: If you are unable to attend the webinar but wish to receive the materials and webinar recording after, please click the "Materials and Webinar Recording" option at bottom of this page.