Wrongful Resignation: Court’s judgement signals harsh punishment for "defectors"

Jan 28, 2010

Employees and employers make all kinds of wrong assumptions about the law. Seldom do their “perceived” rights exist. Often they rely on rules that have long been rejected by the courts and legal doctrines that are now invalid. Sometimes they are just steered wrong by their lawyers.
Employees and employers are most confused about the rights and obligations of departing employees. Key employees believe they can pack up and leave without notice and employers will assign the label of a “fiduciary” to junior employees, a title usually reserved for directors.
A recent Ontario case should be setting off alarms.
Daniel A. Lublin is an employment lawyer with the law firm Whitten & Lublin LLP. Reach him at dan@toronto-employmentlawyer.com

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