When the Grass Isn’t Greener: Inducement and How it Affects Reasonable Notice
When an employer aggressively recruits an employee for a job, it is called inducement.
This type of recruiting goes well beyond your usual persuasion tactics. It may include offering financial incentives, promising future promotions, adjusting the role to fit that employee, and making several attempts to convince the employee to leave their current place of work to take on a new position.
And when everything-and-more is promised to the employee and they sign on, ready for the job of a lifetime… and then they’re terminated from the position?! That inducement can absolutely be considered when determining reasonable notice!
Inducement and Reasonable Notice
Whether the employee was terminated 3 months or 3 years after accepting the job, inducement may be considered and can increase the reasonable notice period. That is, if two employees of the position, age, salary, and employment period were fired on the same day, and one was induced to leave his previous job and the other wasn’t, the former would be entitled to more damages than the latter.
Inducement may have a significant impact on notice period. Especially in cases where job security is strongly implied but not upheld, the employer may be found to have induced an employee to leave a previously safe and secure job and consequently be ordered to provide a longer notice period. If this describes a situation similar to yours, consulting a lawyer upon termination to consider how it affects their notice or severance is a smart call!
Things to Consider
When determining whether inducement occurred, a variety of factors will be considered. Emails, phone calls, and other correspondence that communicates the expectations, offers, and promises set out by employers can help demonstrate inducement occurred.
Some examples we will consider when you bring your case before one of our lawyers include:
-Job expectations for both parties
-Security of employee’s previous position
-If employee sought out this work, or was sought after by the employer
-Job security promised
-Persuasion tactics used for this employee compared to other employees and regular recruitment strategies
-The length of time the employee was in the new position.
Of course, all of these factors of inducement will need to be considered alongside the typical Bardal factors; i.e. age, length of service, character of employment, availability of similar employment. You don’t need to juggle all these factors; let us do that heavy work!
Let’s Get Started!
Our employment lawyers at Zacharias and Vickers are ready to provide you the legal support you need to navigate all the factors of inducement and come out on the other side with a reasonable notice period. Your situation is unique, and we’ll give you the time, attention, and energy it deserves!
Contact us via phone at 604-392-8644 or email at email@example.com today.