When an Employer Says “I Want You Back,” Does a Fired Employee Have to Answer “At Last”?
A Lesson from Richardson v New West Freightliner Inc (New West Truck Centres), 2025 ABCJ 141
Can an Employer Rehire a Fired Employee — and Can the Employee Say No?
Kelly VanBuskirk, October 2025
In the 1960s, the Jackson 5 recorded “I Want You Back,” one of many classic songs about reuniting with a loved one. Etta James’s soulful “At Last” and Sam Cooke’s “Bring It On Home” followed similar themes of reconciliation.
But what happens when that spirit of reunion plays out in the workplace? Specifically: if your employer fires you, then later wants you back, do you have to say yes?
That question was front and centre in the Alberta Court’s August 11, 2025 decision in Richardson v New West Freightliner Inc (New West Truck Centres) — a case that provides timely guidance on rehiring after termination and the duty to mitigate in employment law.
“We want you back
The Facts: A Mechanic’s “Retirement” That Wasn’t So Simple
In Richardson, a 73-year-old mechanic was dismissed after six years of service. The employer gave him three months’ working notice, framing the termination as a “retirement.” Richardson’s reaction? A polite but telling, “I thought I would get more out of you guys.”
The separation appeared amicable — the company even hosted a “retirement party” complete with a cake. But Richardson later sued, claiming he was entitled to reasonable notice of termination under Canadian employment law.
What Is “Reasonable Notice”?
When an employee is terminated without cause, the employer must provide reasonable notice or pay in lieu of notice. This obligation exists to give the employee time and financial support to find new work — not as a reward for past service, but as part of the employment contract.
At the same time, the law requires employees to mitigate their damages — meaning they must actively look for new work and accept a comparable job offer if one becomes available.
To put it another way: if your prom date dumps you, you can’t just mope around; you need to look for a new date. And if someone decent asks you to the dance, you should probably say yes — unless maybe they’re still in Grade 7.
The Twist: When the “New Date” Is Your Old Employer
That’s exactly what happened to Mr. Richardson. In March 2024 — months after his “retirement” — New West offered him a new job. Richardson declined.
In the lawsuit that followed, the Court relied on the Supreme Court of Canada’s decision in Evans v Teamsters, Local 31 (2008 SCC 20). That case established that a dismissed employee may, in some situations, be required to accept an offer of re-employment from their former employer — provided the offer is reasonable and doesn’t create a toxic or humiliating work environment.
In simpler terms: sometimes, you have to go back to the prom with your ex. It may not be perfect, but it beats sitting out the dance — at least in the eyes of the law.
The Lesson for Employees and Employers
For employees, Richardson reinforces a key point: refusing a reasonable offer of re-employment from your former employer could reduce your wrongful dismissal damages.
For employers, the case highlights a potential mitigation strategy — offering the dismissed employee their old job back can limit liability if the offer is made in good faith and on comparable terms.
So, while the Manhattans once sang “Let’s Just Kiss and Say Goodbye,” employment law sometimes expects the opposite. If your ex-employer is playing Al Green’s “Let’s Stay Together,” you might need to listen.
Key Takeaways
Dismissed employees must mitigate their losses by pursuing reasonable re-employment opportunities.
An offer of re-employment from the former employer can be reasonable — and must be seriously considered.
Refusing a reasonable offer may reduce or eliminate entitlement to wrongful dismissal damages.
Employers can use good-faith rehire offers to minimize potential liability.