Fired Before Starting Work

Basic Rule It may seem odd that an employee who has yet to start work is owed a severance sum. This, however, is the law. If a person is offered employment to start, for example, on October 1, and is advised that they are no longer required on September 15, there will still be a […]

Read More

Resignation of Employment

Advance Notice The issue of a voluntary resignation presents legal issues which most employees would find surprising. Just as the company is obliged to give fair advance notice of termination, so must the employee give the same notice to the company of their intent to end the employment relationship. There is no fixed rule as […]

Read More

Duty to Seek New Employment & Retraining

The obligation of the employee to seek out new employment after termination is well defined. It has been reviewed in a prior post. General Rules on Mitigation The failure of the terminated employee to fulfill this duty will result in a reduction of the damage claim based on the earnings that the employee would have […]

Read More

Setting Aside the Unfair Contract

In very exceptional circumstances, a court will refuse to enforce an agreement which is unfair. This is a difficult argument to make successfully, but it can be done in employment cases. The glaring example of this legal argumment, which is called “unconscionability” is the little old lady who sells her house for $100 without any […]

Read More