We have someone who is laid off and found out evidence that would justify us terminating him. Can we terminate him while he is laid off?

While you can terminate an employee while they are laid off, you may have to provide that employee with termination pay. The only way to avoid doing so is if the evidence you found of wrongdoing is extremely serious and goes to the root of the trust necessary to continue the employment relationship. Given that just cause is a very high threshold, it is recommended that you contact our firm for a consultation before terminating this employee.