Court decision
Head-hunted, then let go? What a court said about notice
A recruiter called. You weren't looking, but the offer was good, so you left a job you liked. A few years later, the new employer lets you go. Does being lured away add to what you're owed? An Ontario court answered that question in June 2026.
What is "inducement"?
When you're dismissed without cause, courts award reasonable notice: pay in place of the time you'd need to find similar work. They weigh your role, your length of service, your age and the jobs available.
Being recruited away from secure employment, which lawyers call inducement, can lengthen that notice. But you have to prove it.
Why it didn't work this time
In K. v. GoEasy Ltd, 2026 ONSC 3513, a senior vice-president was approached by an executive recruiter, joined the company in 2016 and was dismissed without cause after 3 years and 5 months, at age 46. He asked for 12 months. The employer said 6.
The judge refused to add notice for inducement:
- He had been at his previous job for only 2 years.
- The employer considered 15 candidates and interviewed 8.
- The talks were the normal back and forth for a senior role, and he won concessions.
- His contract said he had not been induced, and he never asked to remove that line.
The judge added a limit: a clause like that should not protect an employer who persuades someone to leave long-term employment with a promise of security, then fires them soon after.
What he still won
The court set notice at 8 months, more than the employer argued for, because of his senior role. He had found a comparable job in about three and a half months, so what he earned there comes off the total.
He also gets his bonus for the whole notice period, at 40% of his base salary. The bonus plan said it was lost on termination, but there was no evidence he had received the plan when he was hired. The clauses cancelling his stock awards were too unclear to enforce.
What this means for you
- Keep the recruiter's messages and any promises about job security.
- The longer you stayed at the job you left, and the sooner the new one ended, the more recruitment tends to matter.
- Check whether your bonus is counted in what you're offered.
Our calculator asks whether you were recruited from a secure job, and shows the court decisions closest to your situation. Ask your question →
Ontario Severance is independent and is not a law firm. This is general information. From a chat or a calculator result, you can ask us for help finding an employment lawyer, and we reply within one business day.
Sources
This article is general information about Ontario employment law, not legal advice. The law and its application change, and every case turns on its own facts: for advice about your situation, speak with an Ontario employment lawyer.
