The Hudson’s Bay Company, like many retailers, suffered a long and gruelling business slow down during the pandemic that changed the way most consumers shopped.
Naturally, HBC proceeded to lay off and/or terminate many of its retail employees. Such was the case of Darren Pohl, a 53-year-old sales manager who worked for the retailer since 1992. Pohl was terminated in September 2020, and walked out of the store by his manager. His case, heard by Justice Robert Centa at the Superior Court of Justice, reminds us of how even the mightiest of institutions can fall in court when found to be unduly insensitive to a departing employee.
HBC was delinquent in providing Pohl with his Employment Standards Act minimum entitlements. HBC had a supervisor immediately walk Pohl out the door when he was terminated. HBC offered Pohl another job but required him to sign a contract that would vastly limit his rights on termination. When he didn’t sign it he was terminated anyway.
While the decision contains great analysis and legal nuggets that cannot be reduced to a weekly column such as mine, below are a number of highlights and takeaways for employers to consider when terminating an employee:
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