We are sometimes retained in situations where employees have been hired for a short period of time and then terminated. Under the Bardal factors, time of service is a key factor, and these employees may not expect much in terms of severance. However, in certain instances, employees are enticed from a stable longstanding job, and this inducement can lead to an increased notice period. For more discussion on Bardal please see our article: https://www.flodenward.com/post/how-is-severance-calculated-in-alberta
The Ontario case of Firatli v. Kohler, [2008] O.J. No. 2763 (S.C.J.), held the following must be considered to determine inducement:
a. The reasonable expectations of both parties;
b. Whether the employee sought out work with the prospective employer;
c. Whether there were assurances of long-term employment;
d. Whether the employee did due diligence before accepting the position by conducting their own inquiry into the company;
e. Whether the discussions between the employer and hiree amounted to more than the persuasion or the normal “courtship” that occurs between an employer and a prospective hiree; and
f. The length of time the employee remained in the new position, the element of inducement tending to lessen based ont he longevity of the employment.
So in certain instances, even short tenure employees can be entitled to more severance than you would think on an initial assessment.
If you were induced away from another job and have since been fired, please contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.
