In British Columbia, the relationship between employers and employees is governed by the Employment Standards Act (ESA) and common law principles including the freedom to contract. Lawsuits regarding employment law issues are extremely common, however, these are almost always based on a former or current employee suing their employer for discriminatory practices based on Human Rights legislation or for wrongful dismissal for terminating an worker’s employment without providing proper working notice or payment in lieu of the same. But are employers also able to bring lawsuits against employees who quit without giving the required notice to their employer? While much rarer to find such cases litigated, they do happen.
Breach of Contract
Unlike the protections granted to employees in British Columbia under the ESA, which includes minimum notice periods, employers do not enjoy the same protections. As such, if an employer wants to ensure that they are provided a set amount of notice prior to employees terminating their position, they need to have that clearly laid out in an employment agreement.
Assuming that an employment agreement specifically requires that an employee provide notice to their employer and an employee fails to provide the agreed-upon notice, it can be viewed as a breach of contract such cases, the employer may have grounds to pursue legal action. However, just because an employer may have grounds to pursue legal action does not mean it is an advisable course of action.
The Importance of Damages
If an employment agreement explicitly states a notice period the employee needs to provide the employer with prior to leaving their position, then the employer can argue that the employee is liable for damages resulting from their failure to comply. However, for an employer to successfully sue for breach of contract, they must demonstrate that they suffered financial damages as a direct result of the employee’s abrupt departure. The damages would depend on the specific language of the employment agreement and could potentially include costs associated with finding a replacement or lost business opportunities.
The difficulty for an employer in these situations is proving that they have incurred provable damages due to an employee’s breach of contract by failing to provide proper notice and that the claimable damages exceed what the employee would have earned during the contractual notice period. In the majority of cases, this is more difficult than you would think to prove and such cases are usually only worth pursuing for employees working in a sales position where an employer can link a loss of revenue to an employee prematurely leaving their position.
Litigation Avoidance
In practice, many employers choose to handle resignations informally rather than pursuing legal action, and sometimes litigation avoidance is the best legal advice. The costs associated with litigation, including legal fees and time, often outweigh the potential recovery from a lawsuit. Additionally, employers benefit from maintaining a positive workplace culture, which can be compromised by taking legal action against former employees.
Experienced Employment Lawyers at Taylor and Blair
While it is technically possible for an employer in British Columbia to sue an employee for quitting without proper notice, the practical implications and legal hurdles make it a complex decision. Employers should carefully assess their employment agreements, the nature of the employee’s role, and potential damages before proceeding with legal action.
If you are an employer considering taking legal action against a former employee for abandoning their position without giving proper notice, our experienced employment lawyers will be able to review the relevant documents, and evaluate the strengths of your case, and advise as to the best path forward.
Contact our experienced employment lawyers today for a consultation.