A class action lawsuit is being filed against BlackBerry on behalf of former employees.
Nelligan O’Brien Payne LLP is in the process of filing a class action claim against BlackBerry on behalf of 300 employees. The law firm claims that BlackBerry misled their employees. How did they do this? By securing them positions at a business partner.
Yes, I find it strange myself.
We understand that BlackBerry released a number of employees over the last couple of years. This is something no one can be happy with. Unfortunately, it was a necessary action during the massive turnaround which BlackBerry was going through. In this case, BlackBerry was able to offer these employees jobs at a business partner. According to this complaint, if these employees accepted this position, they were presented with a resignation letter.
Now, I must admit this makes sense to me. Of course, I am not Canadian, and I fully understand laws are different north and south of the border between the US and Canada, but this seems like a very positive action from BlackBerry. As I read this complaint, it reads to me that BlackBerry was able to find redundant employees positions at another job. I would take that as a much more positive situation than being without a job. Employees resigning their position to start a new one seems logical to me. However, the law firm claims there is a breach of good faith.
The law firm claims that BlackBerry’s actions “amount to a termination”. If terminated, they claim that these employees are entitled to certain lawful entitlements. They claim that BlackBerry misled these employees in order to avoid paying these entitlements.
What do you think? If BlackBerry was able to find employment for these employees, and these employees accepted these positions, is it wrong that BlackBerry ask these employees to resign? Or would you consider this reasonable?