Employees May Be Required to Give Reasonable Notice of Resignation
By: Earl Altman, Employment Lawyer

In a decision rendered by the Ontario Superior Court of Justice in September 2009, four employees were found liable for damages for wrongful quitting.

In this case, the four defendants were all senior employees working for GasStops Limited. GasStops was a company that provided maintenance of gas turbine engines for boats and airplanes. All four of the employees resigned within two weeks of each other. Following their resignations, two of the defendants incorporated a new company. A week later, the other two defendants commenced employment with that company. Over the course of the next three months, a further fifteen employees of the plaintiff company resigned from the company and joined the defendants. The effect on the plaintiff company was, obviously, disastrous.

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Employment Law Basics
By: Daniel A. Lublin, Employment Lawyer

Workplace laws sometimes lean on the workers

Criticism may not be agreeable, but it is necessary -- Winston Churchill.

This is as true in law as it is in life. Here is a sampling of some of the questions I received this week and the cautionary advice I provided to those employees.

Unjust performance appraisals: Employees often declare that a critical or negative review is either a form of harassment or management's concoction to force their resignation. This is not always so. For an unwarranted review to amount to a wrongful dismissal, an employer must have acted in bad faith and prevented the employee's improvement. Anticipating the havoc from the possibility that a critical evaluation could invite an employee to resign and then sue, in a recent Ontario case, the judge noted that negative reviews, per se, do not lead to dismissal...