Litigation between employees and employers can be a high-stakes process, and employee conduct during litigation is critically important. Courts expect employees to act in good faith and refrain from behavior that could be considered egregious, defamatory, or inflammatory.
A recent case demonstrates that employees who engage in threats, blackmail, or false communications aimed at harming an employer can face severe financial consequences, including additional costs and damages. Understanding what constitutes proper conduct can protect employees from liability and ensure that litigation proceeds fairly and efficiently.
What is proper conduct for employees during litigation?
Proper conduct includes communicating cordially with the employer or their counsel, attending scheduled court dates, and presenting arguments relevant to the case.
What is considered bad faith conduct?
Bad faith conduct includes threatening the employer, releasing false or damaging communications, blackmail, or attempting to harm the employer’s business reputation.
What are the consequences of acting in bad faith?
Courts may order employees to pay additional costs, damages, or face claims for bad faith conduct. Such actions can undermine an employee’s case and result in significant financial and reputational consequences.
Key Case Example
In a recent case, an employee who had made claims for unpaid wages threatened to release damaging communications from his employer to their clients if the employer did not pay him his outstanding wages. When his employer did not pay the outstanding wages, the employee followed through on his threats and sent damaging communications to the employer’s clients. The Superior Court found that the employee’s communications were made with the purpose of tarnishing the employer’s business reputation, and not due to the employee’s alleged intention to inform the public of the employer’s actions. The Court of Appeal further found that the employer would not have trouble proving that the employee’s statements were false and harmful to its reputation. The employee was ordered to pay $50,000 in costs and an additional $15,000 on appeal.
This case highlights the serious risks of bad faith conduct during litigation and the importance of maintaining professional, evidence-based behaviour throughout the legal process.
Proper Conduct Guidelines
Proper conduct during litigation for employees would include:
- Discussing the issues in the case cordially with the employer or their counsel
- Attending the scheduled court dates
- Presenting arguments relevant to the case.
- Avoiding threats, false allegations, or actions designed to threaten the reputation of the employer
Examples of an Employee’s Bad Faith Conduct include:
- Threatening to release false or damaging communications
- Blackmail or extortion related to employment claims
- Publicly defaming the employer in a way unrelated to the litigation
Refraining from this conduct during litigation and exhibiting proper conduct is essential to ensure that parties can proceed with litigation without unnecessary inflammatory and egregious conduct.
Frequently Asked Questions About Employee Conduct During Litigation
What is considered proper conduct during litigation?
Proper conduct includes acting cordially with the employer or their counsel, attending all court dates, and focusing on relevant evidence and legal arguments.
What actions are considered bad faith during litigation?
Threatening the employer, releasing false or damaging information, blackmail, or attempting to harm the employer’s reputation are considered bad faith actions.
What are the consequences of acting in bad faith?
Courts can impose additional costs, order damages, or penalize employees for bad faith conduct. This can seriously undermine the employee’s case.
How can employees protect themselves during litigation?
Document interactions, avoid inflammatory behaviour, and seek guidance from an employment lawyer to ensure all actions comply with legal and professional standards.
Key Takeaways
- Employees must act in good faith and avoid actions intended to harm the employer.
- Proper conduct includes attending court, presenting relevant arguments, and communicating professionally.
- Bad faith conduct can lead to additional costs, damages, and reputational harm.
- Avoid threats, blackmail, or false communications during litigation.
- Legal guidance is essential to navigate litigation while protecting your rights and avoiding unintended liability.
Why this matters in Ontario:
Whitten & Lublin is a Toronto-based employment law firm with extensive experience advising employees and employers during litigation. The firm regularly represents clients in matters involving unpaid wages, wrongful dismissal, and litigation conduct, ensuring that parties comply with legal obligations and protect their rights under Ontario law.
How can Whitten & Lublin help?
If you are involved in an employment dispute or litigation, Whitten & Lublin can provide guidance to ensure your conduct protects your rights and minimizes legal risk. Contact us online or by phone at (416) 640-2667 for expert Ontario employment law advice.
Author – Abby Leung
