Financial fight breaks out after "key employee" quits BC job and only gives two weeks’ notice

Jan 30 2024, 8:08 pm

How many weeks’ notice do you give when you are quitting your job? Well, it turns out it might be more than you think.

That issue was brought to light recently in a BC Civil Resolution Tribunal case where an employer disputed that the quitting employee actually needed to give more than what many consider to be the standard: two weeks.

Instead, the employee was required to give three weeks’ notice, per her contract.

The decision, posted online this week, detailed that she had worked for the numbered company in the insurance sphere for about five years and had quit in February 2022.

Law Courts Vancouver

Dustin Godfrey/Shutterstock

When she quit, she gave two weeks’ notice, which her boss accepted, and then terminated her contract that day. The employer says that cost them $2,400 in lost wages because their employment agreement had specified that they would keep working for three weeks after giving their notice.

However, despite the judge finding that the employee had to provide that long and didn’t, the employer still didn’t win the financial fight.

“Technically, this is a breach of the employment contract. However, the employer undisputedly accepted the employee’s two weeks’ notice of their resignation, so I find the employer accepted the employee’s breach of contract. The employer also undisputedly terminated the employee’s employment later that day,” they said.

Plus, they needed to prove damages.

“The employer says the employee was mainly responsible for ICBC customers and general ICBC tasks and was a ‘key employee.’ However, the employer provided no evidence of any losses they suffered because the employee failed to give three weeks’ notice. For these reasons, I dismiss the employer’s claim,” the judge ruled.

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