Bottom Line
An employer saved itself more than $100,000 in damages by
offering to recall a long-time employee early on in the reasonable
notice period following a constructive dismissal.
Facts: Employee sues after being temporarily laid off
The employee, David Gent, had worked for Strone Inc. for 23
years when he was temporarily laid off due to a lack of work.
Two weeks after the layoff, the employee's counsel wrote to
Strone asserting that the temporary layoff was a constructive
dismissal. Strone responded that there was a possibility it would
recall the employee to work.
The employee's counsel immediately replied by email that the
employee would not be returning. The email stated that the employee
did not trust Strone, that he felt the relationship had broken
down, and that he would be suing Strone.
