Employer can’t take advantage of employee’s ignorance

|Canadian Employment Law Today

Lambert v. Digital Rez Software Corp. (2002), 17 C.C.E.L. (3d) 131 (B.C.S.C.)

The plaintiff was told she was being laid off after working for the defendant for three-and-a-half years as a marketing director. The employee asked to be terminated instead because she wanted to receive severance pay. The employer agreed to termination and told her she was entitled to three-and-a-half weeks of severance pay in lieu of notice.

The plaintiff neither responded nor made objection to the offer, and she cashed the cheque for this amount of severance. Six months later the plaintiff initiated an action for wrongful dismissal.