Employee sued for not giving their employer notice: Lior Samfiru on 580 CFRA’s The Morning Rush

Interview Summary

An employee in British Columbia was sued by their former employer for not giving the required notice before resigning. Are employees legally required to provide notice? What legal consequences, if any, do employees face if a resignation negatively impacts their employer?

Lior Samfiru, a Toronto employment lawyer and National co-founding Partner at Samfiru Tumarkin LLP joined Newstalk 580 CFRA’s The Morning Rush to discuss employee obligations and options for employers.

Interview Notes

• Frequency of suing employees for resigning: Often employees resign before providing notice as they are expected to begin a new job. This occurs despite terms outlined in an employment contract expecting employees to provide notice before resignation. There could be liabilities for employees that don’t give enough notice.
• Breaching the terms of an employment contract: Employees need to look closely at the terms outlined in an employment agreement regarding notice and ensure they abide by it. For employers to be able to sue employees for breach of contract, they have to be able to prove they have incurred financial losses that would not have occurred if the employee had given sufficient notice.
• Court verdict for employees: Courts have made it clear they do not like elements that prevent employees from being able to make a living. For most employees, employers will not be able to pursue legal action for resigning. Senior employees and executives, however, should be wary of resigning without providing notice as it is likely to hurt their former employers.
• Employer’s decision to pursue legal action: Employers could decide to pursue legal action to deter other employees from failing to provide notice if they decide to resign.

Related Resources

For further insights and discussions related to resignations, explore the following resources:

• Do you have to give 2 weeks’ notice in Ontario?
• Rights when an employee resigns in B.C.