Conduct Outside of Work

One of the most controversial grounds of just cause for termination involves the actions or activities of an employee outside of normal working hours. A court may conclude that such conduct could amount to just cause for termination if it occurs in the course of an event or activity that is somehow work related, is serious in nature and tends to reveal a less than honest or trustworthy character of the individual. For example, a judge held that a serious assault of a fellow employee with whom the individual was involved in a romantic relationship, outside of business hours, amounted to just cause for termination.

Unless there is some link or connection that is established between the misconduct in question and the individual's employment or employment relationship, conduct outside of working hours will not normally constitute just cause for termination.

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