Jobless after Loblaws offer falls through: Employment lawyer with Newmarket Today

Interview Summary

A resident of Kewswick was left in the lurch after he applied to work at a Loblaws distribution centre. Squires attended a job fair and was given a verbal offer by a recruiter. After resigning from his current role, he received no correspondence from Loblaws about starting his new position. What can an employee in this position do to protect their rights? Are employers liable if they offer employment verbally?

Lumi Pungea, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joined NewMarket Today to discuss an employee’s legal options if they incur further loss after a rescinded job offer.

Interview Notes

• Employer liability: Pungea explained that employers could face legal action from individuals who received a verbal job offer. “A situation could make an employer liable for damages and could be pursued as a civil claim, for breach of contract or negligent misrepresentation.” Pungea went on to state that with damages from the claimant having left their old position, three to six months’ worth of wages could be rewarded.
• Caution to employers: Pungea cautioned employers to consider the consequences for prospective employees before making any decisions. “It’s a very, very unfortunate situation for the individual. It illustrates how employers and recruits and organizations have to be very careful and treat this kind of situation with a lot of responsibility and care to avoid the unfortunate situation that we’re dealing with.”

Related Resources

For further insights and discussions related to starting a new job explore the following resources:

• Employment contracts in Ontario
• Withdrawing a job offer