Is an employer entitled to sue an employee for conduct other than fraud?
British Columbia, Canada
The following excerpt is from Madco Investments Ltd. v. Western Tank & Lining Ltd., 2017 BCSC 219 (CanLII):
The defendants say that the law is more generous than what is stated by the plaintiffs and an employer is entitled to sue an employee for conduct other than fraud. To this end, the defendants point to Kirby v. Amalgamated Limited Partnership, 2009 BCSC 1044, wherein an employer filed a counterclaim for incompetent performance of an employment contract.
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