First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

inducement

By | 3 Minutes Read

Employers: Limit your liability by ensuring recruitment doesn’t become inducement

When an employer finds a perfect candidate to recruit, it’s important to consider whether and to what extent their current employment situation could impact termination costs in the event of a future termination without cause.

By | 3 Minutes Read

The impact of inducement on the reasonable notice period

Across Canada, employers are obligated to provide financial assistance to employees who have been dismissed from their employment in the form of reasonable notice, pay in lieu of notice, or some combination of both notice and pay in lieu.

By | 3 Minutes Read

Fishing for notice: British Columbia Supreme Court addresses inducement and contingency factors in wrongful dismissal suits

Care is required when recruiting a potential employee, but not all active recruitment activities qualify as inducement. More than giving the employee the impression there is room to grow or job security is required. Actual evidence of promises made by the company and the employee’s reliance upon those promises is necessary to sustain a determination of inducement. Nevertheless, employers can avoid claims of inducement by using written employment agreements that contain “entire agreement” clauses and confirm that the employee has not been induced by any promises.

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

Main Menu

Stay Connected