You’ve wined them, you’ve dined them…and they’ve stood you up: What employers can do when jobseekers fail to commit

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Summary

Recently, I came across a survey conducted by Robert Half and Associates that polled individuals on the reasons they would fail to follow through and work for an employer after having accepted a job offer from them. When determining whether or not there has been a wrongful resignation, courts consider what the period of reasonable notice should have been in the situation, based on a number of factors, outlined below. When determining the extent of the damages you may have suffered as a result of your employee’s “ghosting”, it is important to note that you cannot be compensated for expenses you would have incurred even if the employee had provided adequate notice. For example, in the case of lower level employees with a shorter resignation notice period, those damages would be minimal and potentially not worth the cost and effort. Employers also want to be judicious with their actions in this regard and consider the message that suing such individuals sends to potential candidates and existing employees.

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