Threatening to resign, when used by an employee to bargain for
better working conditions, is a weapon that cuts both ways. A
tactic of this sort can easily backfire on the person making the
threat, a point that was illustrated in a recent decision of the
Quebec Court of Appeal in De Montigny c Valeurs
mobilières Desjardins.1
The facts
This case involved a suit filed by a former president and chief
operating officer against his ex-employer for more than $3M,
claiming constructive dismissal.
Stating that he was dissatisfied with his total compensation,
the plaintiff had tendered a letter of resignation to his employer.
Orally, he explained that the resignation was to take effect only
if the problems related to his compensation were not resolved and
if a strategic plan was not established by a certain date.
Initially, the employer refused to accept the plaintiff's
resignation and reiterated its confidence in him, and the
negotiations continued. A few weeks later,
