Informal Employment Contract Sent Via Email Found To Be Legally Binding

The BC Supreme Court recently determined that an email sent to a prospective employee detailing partial employment terms prior to a formal agreement constituted a full and binding employment contract.

Facts

The employer sent a prospective employee a 60-page detailed offer of employment via email (the "Email Agreement"). The Email Agreement contained information about the employee's compensation, bonuses, benefits and leave entitlements. It did not, however, contain termination or non-competition terms. The Email Agreement indicated that the employer would provide the official employment contract upon receipt of the employee's full legal name and desired start date.

Upon the employee's acceptance of the Email Agreement, the employer sent a formal written employment contract (the "Letter Agreement"). The Letter Agreement included termination and non-competition clauses among other burdens and limitations on the employee, none of which had been included Email