Employers are generally aware that terminating an
employment relationship brings legal risks. However, a lesser known
employment principle is that employers face significant legal risks
even where an employee has not started working for the
employer.
In Kim v. BT Express Freight Systems (2020)
317 A.C.W.S (3d) 255 ["Kim"], Ontario's Superior
Court awarded the plaintiff employee wrongful dismissal damages
where the employer revoked an offer of employment days before the
employee began working for the employer.
In Kim, the employee was recruited by BT Express Freight Systems
["BTE"] after the employee published their resume on a
job search website. BTE offered the employee a significant salary
increase from his current job, in addition to advancement
opportunities after completion of a contractual three-month
probationary period. The employee accepted and signed the written
offer of employment and provided notice to his current employer.
Days before the employee
