this post was submitted on 13 Jan 2024
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Being fired without cause means an employee is being let go, but not because of any serious workplace misconduct. Conversely, being fired with cause means the employee committed a serious breach of conduct in their workplace, which led to their termination.
Citing performance is citing cause. You’re wrong and others are right in that citing performance is an attempt to demonstrate cause to avoid severance and/or unemployment. A “layoff” is without cause and entitles them to those benefits.
Again, it doesn't matter what they tell you. It only matters what they report to the government. If it's with cause and you have proof they are lying, you can sue for wrongful dismissal. But they won't do that. They will report it as without cause, because that's just easier. They don't owe her severance because she was only there for 4 months, but she will qualify for at least some employment insurance.
This is plain wrong dude, it's with cause, it's performance. They'll try to get her to sign a paper saying so, she can refuse, but either way they "have a paper trail" and even you refusing can be made to sound like "see they were insubordinate".
She can go get unemployment, the gov will check, and they will show their paper trail showing she doesn't qualify.
Stop trying to say it won't make a difference. It will make a huge difference.
Until we see that paperwork, it's all speculation. Getting upset about it will change nothing.