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The Latest on Employment Contracts that Require Employees to Give Notice of Termination

Written by Irvin Schein and originally published at irvinschein.com.

The recent case of BlackBerry Limited v Marineau-Mes provides a useful insight into the often murky area of the obligations of an employee to provide notice of his intention to resign.

In this case, the employee was a Senior Vice President of BlackBerry Limited.

In the fall of 2013, he accepted a promotion to Executive Vice President in charge of about 3,000 employees.  He signed an employment contract for his new position.

Among other things, the contract provided that he could resign at any time on six months’ prior written notice.  The contract provided that during the notice period, he would continue to provide active service to the extent required by BlackBerry.

By the time he signed the contract in October 2013, he had already begun discussions with Apple Inc. about a new job.  About a month after signing the contract, he had some discussions with BlackBerry’s newly appointed Chief Executive Officer which h...

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