Although the termination was ineffective for reasons in the following case, the contract had a salvatorial clause and termination without cause was enforceable. Therefore, the worker was entitled to the minimum statutory time limit for sending. As the employment relationship was less than three months, he was unfortunately not entitled to anything after the SEC. Minken Employment Lawyers is your source of specialized legal advice and interest representation in the event of dismissal for important reasons and other labour law matters and deals with Toronto, Greater Toronto Area (Markham, Newmarket, Aurora, Richmond Hill, North York, Vaughan, Woodbridge, Mississauga, Brampton, Pickering, Ajax, Stouffville, Uxbridge, Brooklin, Whitby, Oshawa, etc.), Ontario, Canada and national and international clients for over 20 years. In other cases related to termination clauses, the following principles have been defined, which must also be respected when designing employment contracts: the concept of termination for an important reason could, on the other hand, include a wider range of circumstances if applied to other types of contracts. Imprecise factual statements. Nonpayment. Other obligations breached. In case of bankruptcy. Non-performance due to a force majeure event continues beyond a specified period. And so on. Due to this diversity, the consequences of termination may vary depending on the reason for dismissal. Covering everything with a language of dismissal would not work.
Defining what is „substantive ground“ is one of the most fiercely negotiated terms in an employment contract. It is also one of the most procedural conditions with regard to employment contracts. In order for an employer to be able to dismiss a worker without notice or remuneration instead of notice, it is necessary to demonstrate that the worker has undermined the entire employment relationship in such a way that the employment contract is considered to be seriously infringed. If you have an employee who has questions about firing for „important reason“ and the types of situations that may allow you to end your employment relationship, you should have a clear understanding of your rights and obligations as an employer under Texas law. If you are considering resigning an employee for an important reason, you may want to discuss exceptional circumstances or situations with your lawyer. It is also important to note that an employer and a worker cannot conclude contracts that are inferior to what is provided for in the ESA, as one of the objectives of the ESA is to protect the interests of workers. . . .