The plaintiff brought a motion for summary judgment for constructive dismissal after being temporarily laid off due to the COVID-19 pandemic.
The court found that the plaintiff was an employee from the start of his tenure, despite initially being paid through a personal corporation.
The court also held that the employment contract signed mid-employment was void for lack of consideration.
The employer had no contractual right to lay off the plaintiff, resulting in a constructive dismissal.
The court awarded 15 months' reasonable notice and $25,000 in punitive damages due to the employer's failure to pay statutory minimums.
