Client Win: Six Months’ Pay for Six Months’ Work—And a Lesson in Broken Promises

Imagine this: You’re not looking for a new job. You’re happy where you are. Then one day, your phone rings, and it’s an employer making you an offer that seems too good to pass up. They promise you growth, stability, and income potential that matches your ambitions. You decide to take a leap of faith, only to discover that those promises were built on shaky ground. Six months later, you’re out of a job and wondering what went wrong.

That’s exactly what happened to our client, Mr. Greenlees. But thanks to Samfiru Tumarkin LLP and a decisive ruling from the Supreme Court of British Columbia, his story has a better ending: a six-month severance award that recognizes not just the loss of his job, but the circumstances that led him there.

This case isn’t just about one man’s fight for fairness—it’s a wake-up call for employees and employers alike.

The Case: Greenlees v. Starline Windows Ltd.

How It Started: Greenlees, a 43-year-old sales professional, wasn’t actively job-hunting when Starline’s Sales Manager, Mr. Parkinson, approached him with an unsolicited job offer. During two meetings, Parkinson painted an appealing picture of high income potential, career growth, and a central role at Starline Windows. Convinced by these assurances, Greenlees left his secure position to join the company.

How It Went: Reality, however, didn’t live up to the pitch. Shortly after starting, Greenlees’ role was restructured, limiting his ability to earn the income he was promised. Justice Geoffrey Gomery referred to this as a classic “bait and switch,” acknowledging the stress and disappointment it caused our client. While the court ultimately ruled that this conduct didn’t justify additional damages, Justice Gomery emphasized, “The representations were the bait, and Mr. Greenlees took the bait.”

How It Ended: Six months later, Starline terminated him without cause, offering a mere one week’s pay. Starline may have wrongfully dismissed Greenlees and underestimated the strength of its short-term employee’s case, but the court didn’t. Represented by Samfiru Tumarkin LLP, Greenlees took his fight to the Supreme Court of British Columbia and emerged victorious with a six-month severance award.

The Court’s Decision

Justice Gomery ruled decisively in favor of Greenlees. Here’s why:

1. Inducement Was Key
   Starline actively recruited Greenlees, luring him away from secure employment with promises of opportunity and income. While the inducement wasn’t egregious, it was enough to tip the scales in his favor.
2. The Job Market Was Tough
   After his termination, Greenlees spent seven months searching diligently for new work, applying to 42 positions and attending eight interviews. The court recognized that his prolonged job search reflected limited opportunities in his field, justifying a longer notice period.
3. Short-Term Employment Deserves Respect
   The court emphasized that even employees with short tenure are entitled to fair notice or severance pay, particularly when they leave stable jobs for promises that don’t pan out.

The Verdict

Justice Gomery awarded Greenlees six months’ pay in lieu of notice:

• Base Salary: $21,000
• Lost Commissions: $8,208
• Prejudgment Interest and Costs

In total, Starline was ordered to pay over $28,000, plus $8,000 in legal costs.

Lessons for Employees and Employers

This case serves as a stark reminder of the responsibilities employers have—and the rights employees should always protect.

For Employees

• Don’t Ignore Broken Promises: If you were convinced to leave a job based on specific representations, those promises could be pivotal in securing a proper severance package in B.C.
• Short-Term Employment, Full Rights: Courts recognize that even short-service employees deserve protection, especially when misled.
• Document Everything: Keep records of job offers, promises, and any challenges faced during your job search—it could make all the difference when negotiating a severance package.

For Employers

• Recruiting With Integrity: Misleading candidates can lead to costly legal consequences. Transparency and honesty are not optional.
• Respect All Employees: Short-term employees are not disposable assets. Courts are increasingly willing to extend notice periods for unjust treatment.
• Avoid Cutting Corners on Severance: Fairness up front can save you from expensive lawsuits later.

We’re here to help

Whether you’re a seasoned professional or just starting your career, your employment rights matter. If you’ve been let go unfairly or misled into leaving a secure job, Samfiru Tumarkin LLP is here to ensure you get the compensation you deserve. Since 2007, we’ve helped thousands of non-unionized employees resolve workplace issues. Whether you’re in B.C., Alberta, or Ontario,  we can enforce your rights.

Contact us today to learn how we can help you take the next step with confidence.