06/01/2026
Trust Matters! A Rudner Rant
Trust matters. That's true in a lot of context, but it's particularly true in the world of employment law. Being honest may not save your job, but it can be the difference between getting severance, which in Canada can be up to two years, and being let go with absolutely nothing. I'm an employment lawyer. I've written a book on just cause it's called You're Fired.
And I've reviewed thousands of cases, and in many cases, the difference between finding that there was just cause for dismissal and that there wasn't, was how the employee responds when they're confronted, and essentially whether they have destroyed the trust that is required in the employment relationship. Look at a couple of fairly recent cases. And one, a medical nurse was found to have not only accessed inappropriately some files, but also modified patient files.
And the second one, another medical employee was found to have taken photos of residents. Both of these things were, of course, were against policy. In both cases, though, it wasn't just the misconduct that led to a finding that they had. The employer had just caused the fire them. It was how they responded when they were confronted. They were dishonest.
And in both cases, courts agreed that the employment relationship had been irreparably damaged. That means the employer had just caused the fire them. That means the employees got nothing. No notice, no termination pay, no severance pay. In one of those cases, the employee had been there for 19 years. Even so, she got nothing. So the key thing here is if you are accused of misconduct and if you are confronted, do not double down.
Don't lie.
Because at worst, if there's misconduct, there might be discipline, which is probably going to be a warning. But if you lie, all of a sudden, the employer might be able to show that they couldn't trust you anymore, which could be just cause for dismissal, which means you get nothing. So don't lie or try to cover things up.
Be honest about it, and that will usually serve you quite well. And for employers, this is why we always advise that before you fire someone, you investigate. And that includes confronting the individual, getting their side of the story, finding out if there are any mitigating factors, and then assessing whether the employment relationship has been irreparably harmed, or whether some lesser form of discipline, as opposed to just dismissal, is appropriate.
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