Increased Damages for Inducement

Statements made by the Employer in the pre-hiring stage whereby the individual is being induced to leave a secure and long-standing position of employment only to be terminated by the new Employer shortly thereafter, may result in additional damages. A number of courts have awarded additional damages for wrongful dismissal in circumstances where the Employee was induced to join the employ of the company. The courts do this by extending the period of reasonable notice to which the person would otherwise be entitled to, but for the fact that they were induced to join the company.

In one case, a person who had 13 years' experience with his Employer and who anticipated being promoted to Vice President, left this secure position of employment to join another Employer based on inducements offered by a representative of the new Employer. Approximately 1 year after commencing work with the new company, he was dismissed, allegedly for just cause. The Court awarded him damages for wrongful dismissal based on 1 year's salary and benefits.

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