Employers consistently seek the best and most qualified employees, and as such, they will often induce the best-suited candidates to leave their current employment and join theirs. To do so, employers usually offer higher pay or other benefits.
Whether an employee was induced to leave a secure position will affect the manner in which the court frames the issue at hand, such as with termination of an employee. This is because there is a presumption that a person would not leave a secured position unless the new job offered was also reasonably secure.
For example, in cases involving the termination of employees in Ontario, the court explained that it would look to any inducement in deciding what the reasonable period for notice must be. For instance, if an employee had long employment with a former employer and a new employer induced the employee and then terminates that employee shortly after his or her hiring, the new employer may be liable to give greater pay in lieu of notice because of the employee’s length of service with the former employer.
The purpose is to help compensate an employee that left a secure position. Furthermore, employers should be mindful when offering any inducement not to misrepresent the position as they may expose themselves to a claim in negligent misrepresentation.
The purpose of this action is to allow the Courts to be able to place an individual in the position he or she would have been in if it were not for the inducement to leave their place of employment.
How can Zeilikman Law help?
Each individual’s situation will be unique. For example, a promise of secure employment or a future promotion may increase the length of notice.
To assess whether you may be entitled to damages from an inducement to leave your former employment and subsequent termination from your new employment, contact one of our experienced lawyers today to set up a consultation to discuss your options and next steps.
Our lawyers are experienced, professional, and determined and approach these issues with logical and creative solutions.
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