Misrepresentation in Employee Recruitment : Feldstein v. 364 Northern Development Corporation

Employee recruitment, and particularly recruitment for highly competitive positions, often requires a certain amount of salesmanship on the part of recruiters, and companies looking to land a sought-after employee may tote company culture, compensation and other benefits of employment as part of their recruitment strategy.

Of course, all of this is fair game. However, as one recent BC Supreme Court decision illustrates, recruiters also need to be careful that everything they are presenting to potential candidates is honest and accurate. As one Vancouver tech company recently found out in Feldstein v. 364 Northern Development Corporation, 2016 BCSC 108, being over-zealous and under-cautious in promises to candidates can lead to a negligent misrepresentation lawsuit and thousands of dollars in damages. Continue reading “Misrepresentation in Employee Recruitment : Feldstein v. 364 Northern Development Corporation”

Terminated? Fired? Dismissed? : 7 Factors in Assessing Severance Pay

We’ve all heard one of the following stories… An employee in heavy industry is laid off because of a downturn in the economy. Or an office worker is let go because she doesn’t get along with her supervisor. Or a company is going through a restructuring and has to terminate a quarter of its staff.

While the creation and destruction of jobs is essential to our economy and our workplaces, people dealing with job loss are nonetheless dealing with a unique form of personal tragedy. After all, a job is not only a source of income, it contributes to our overall well-being and is an important part of our identity.

Continue reading “Terminated? Fired? Dismissed? : 7 Factors in Assessing Severance Pay”

Fire Your Politician, Just Don’t Forget the Severance

You're all fired!
You’re all fired!

In case you haven’t noticed, we are in the middle of a Federal election here in Canada, with all the low-balling, mud-slinging and attack ads that go with it. The race is tight, with our three major parties in a dead-heat for who will form our next government. Nothing is certain, except that a number of our current politicians will be out of a job come October 19, 2015.

Continue reading “Fire Your Politician, Just Don’t Forget the Severance”

A Lesson in How Not to Conduct a Workplace Investigation

As I outlined in a previous article, When a Termination Becomes a Wrongful Dismissal, when an employee is terminated without good legal reason, the employee will generally be entitled to damages for wrongful dismissal. An assessment of these damages would include considering the employee’s age, tenure, job responsibilities and the prospects of future employment.

However, courts also have the authority to award aggravated or punitive damages in certain circumstances.  A recent BC Supreme Court case provides a very good example of when this type of compensation may apply.

Continue reading “A Lesson in How Not to Conduct a Workplace Investigation”