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Furthermore, the very act of commencing the lawsuit may cause the offending employee to cease the prohibited activity.
Even without a valid restrictive covenant, senior employees are required to act in good faith towards their employer and not exploit the vulnerability which flows from the nature of the relationship.
Doing so is considered unfair and a breach of this obligation of fidelity.
Even absent a contractual or statutory term requiring an employee to provide a specific period of notice of resignation, courts have indicated a willingness to award damages to an employer where, in light of the position the employee held, insufficient notice of resignation was provided.
There are a number of recent cases which have awarded damages against a departing employee who provided inadequate notice of resignation.
In none of these cases was there a written contractual requirement obligating the employee to provide a specific amount of prior notice to resign.
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