Written by Michael J WeilerThe most common question from clients with respect to terminations without cause and without notice in the absence of an enforceable employment agreement is “How Much Notice?” Courts will look at four key elements to determine how much is reasonable notice: age, length of service, position and the availability of similar employment having regard to the employee’s skills and qualifications. The court will often look at economic circumstances but will not give that factor undue weight. The highest period of notice, subject to a few exceptions, is 24 months. Please bear in mind that each case will be decided on its own facts and there is no litmus test. Further, the amount of notice will not always equal the damage award as the employee must mitigate her damages and must also prove her loss (e.g. lost benefits or bonuses).The following cases from this past year will give you some idea of the courts’ present thinking on the matter. These can be very important factors in each case, especially dealing with senior executives whose compensation can often exceed $20,000 per month.Case NameEmployee PositionIncomeAgePeriod of EmploymentNotice PeriodLy v Interior HealthManager of team$97,00038 2 months3 monthsRam v Burger KingCook$21,0005524 years12 monthsPrice v 481530 BC LtdManager hair loss clinic and 20% owner$77,000 (commission and salary)4720 years20 monthsWood v Fred Deeley Imports LtdSales/event planner (not managerial)$100,000488 years9 monthsSollows v Albion FisheriesSenior manager$160,000 plus bonus602 years 9 months10 monthsBuchanan v IntrojunctionSenior software engineer$125,000 plus bonus/stock27None [1]6 weeksSletmoen v NafcoMachine operator$66,5005218 years16 monthsMudrovcic v Engenuity ManufacturingResponsible position$81,0004819 years21 monthsNogueira v Second CupManager$125,000478.5 months4 monthsEnsign v Price’s Alarm SystemMedical Alert advisor/salesman$30,000 (salary plus commissions)6312 years12 months[1] An offer of employment was rescinded 2 weeks after being made and prior to employment commencing.