Cause Discovered After Firing

It is a common misconception that an employer is not permitted to rely upon misconduct unknown to it at the time of termination as just cause for termination of the employment relationship. This is known in law as "after acquired cause" or "expost facto justification for dismissal".

A common example of cause discovered after firing involves falsification of expense reports or theft of an employer's property. Such misconduct, if proven, could constitute just cause for dismissal, even though the employer was not aware of it at the time of termination.

Should you require legal assistance, please email us at lawyers@grosman.com

...back to Employment Law Index