Failing to provide notice of resignation to your employer: Alex Lucifero on Newstalk 580 CFRA

Interview Summary

Two employers in British Columbia have sued their former employees for failing to provide required notice before resigning from their positions. After filing with the small claims court, however, both cases were dismissed as it was ruled there was a lack of evidence of damages incurred by each employer. What expectations, if any, are employees held to when resigning? Can an employer pursue legal action if an employee resigns?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined Newstalk 580 CFRA’s Ottawa at Work with Kristy Cameron to discuss employee obligations and options for employers.

Interview Notes

• The objective of employers in pursuing legal action: Lucifero explained the nonsensical decision of employers and proclaimed the courts to have made the correct decision stating, “They nailed the analysis from a legal perspective. Employees should provide a degree of notice but if an employer is going to claim that there has not been enough notice, they have to prove damages.”
• Context and proportionality of each case: Discussing the varying cases, Lucifero emphasized the importance of terms outlined in an employment contract. “As an employee, if your contract states you should provide three weeks’ notice of resignation, in an ideal world you should be providing that kind of notice.” Lucifero reiterated that providing notice allows employees to maintain good relationships within their industry.
• Common occurrence to sue former employees: Lucifero explained that it is not a common practice for employers to sue their former staff due to a lack of notice. “Where disputes of the length of a resignation period become an issue often speak to underlying issues between an employer and an employee, such as disputes over clients, or if business will be taken away.”

Related Resources

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

• “Loud Quitting” What employees should know
• Employment Law Show – 5 Questions to consider before the resignation