Suing a former employee for resigning without notice: Vancouver employment lawyer on 980 CKNW

Interview Summary

Employees in British Columbia faced legal action brought by their former employers for failing to provide adequate notice before resigning. While the cases were ultimately dismissed by the small claims tribunal, questions surrounding resignations have arisen. Are there employment laws regarding resignations? Should employees always be courteous with former employers when leaving for new employment?

Dan Balkaran, a Vancouver employment lawyer and Senior Associate at Samfiru Tumarkin LLP joined Jill Bennett on 980 CKNW to discuss employee obligations and an employer’s right to pursue legal action.

Interview Notes

• Laws regarding resignations and notice: Employers must be able to prove a breach of contract to pursue legal action against former employees for resigning without notice, and give evidence of harm and loss to their business.
• Cost to pursue legal action: It is unlikely for big corporations to pursue legal action in the event of an employee resignation. It is far more common for small companies and employers to feel aggrieved and deter staff from resigning without notice.
• Giving more than the standard notice: Employees should look closely at the terms of their employment agreements before resigning from their positions. Employment contracts often have clauses that state an employee must provide a certain amount of notice before resignation.
• Impact of tribunal decisions: It is not uncommon for courts to rule in favour of the employees under these circumstances as neither employer was able to prove a significant loss in profits.

Related Resources

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

• Employment lawyer Lior Samfiru discusses employees sued by former employers
• 5 Questions to consider before resigning