‘This situation was a typical courtship between a prospective employer and an employee’: lawyer
“Inducement is a word that we see thrown around a lot where employees sometimes say that just because they leave a position for a new one, it means that they were induced. You have to do some deeper digging into it.”
So says employment lawyer and workplace investigator Samantha Sutherland of Turnpenney Milne in Toronto, after an Ontario court found that an employer didn’t provide enough termination pay to a worker it fired without cause after a few months, but it also didn’t induce the worker or hire him in bad faith during a period of declining business.
The worker, 36, was a machinist working for another employer in early 2023 when a co-worker told him that XL Tool, a manufacturer of automotive stamping dies and production stampings in Kitchener, Ont., wanted to hire him. The worker believed that the co-worker worked for XL Tool because he had business cards and a LinkedIn profile saying he had been employed with XL since 2020. However, the co-worker wasn’t actually on XL Tool’s payroll and the company wasn’t aware of his cards and LinkedIn profile – he just knew XL’s owner.
On March 3, the worker went with the co-worker to XL’s premises, where the owner gave him a tour and told the worker that the company was hiring. The worker wasn’t interested in leaving his current employer, but said he was interested in working part-time for XL.
On April 24, a manager with XL texted the...
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