Will singh be successful in a claim against the company


Problem: The plaintiff, Singh, was interviewed for the position of regional manager with the defendant, Empire Life Insurance Company, in August 1998. On September 1, Singh got a handwritten letter confirming that Empire was offering him the position with a total compensation package of $170,000. His employment was to begin that day, and he was told that a formal contract would follow. Singh started work September 1, 1998. That day, he received a "confirmation of offer" letter with greater details relating to his employment, although the letter stated that it was "not a contract." It said the initial start-up period would be two years commencing from September 1, 1998. However, it was not until February 1999 that the parties signed a "regional manager's agreement." In that agreement a termination clause read, "The termination will be effective at the end of the appropriate period of notice according to applicable provincial legislation." This agreement also said that it replaced all prior agreements between the parties.

Things did not work out well, and in the fall of 1999 the company told Singh that his manager's position was redundant and terminated his employment. Because Singh had only been employed for just over a year, the company gave him two weeks' notice, as required under the BC Employment Standards Act. Singh took the position that he was entitled to reasonable notice, which would be longer than the statutory two weeks, because the parties' contract was made on September 1, 1998, and the employer at that time told him he would be working for at least two years. Will Singh be successful in a claim against the company?

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Business Law and Ethics: Will singh be successful in a claim against the company
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