Ex-tech exec sues old firm

Hootsuite faces wrongful dismissal claim

Hootsuite has responded to allegations of wrongful dismissal and breach of contract in a lawsuit filed by a former senior executive at the Vancouver-based, social-media company.

Greg Gunn, a 34-year-old Vancouverite who worked for Hootsuite from 2010 until late last year, filed a lawsuit last month in B.C. Supreme Court alleging wrongful termination and seeking damages for “bad faith and mental distress.”

Last week, a representative for Hootsuite Media Inc. filed a response, disputing several parts of Gunn’s claim and seeking the dismissal of the suit with costs.

Neither Gunn nor Hootsuite were available Thursday for comment, but each side’s pleadings tell contrasting stories of how his time with the company came to an end. Gunn, 34, started at Hootsuite in September 2010 as vice-president of business development, reporting directly to the company’s CEO, according to his statement of civil claim.

Gunn’s job and title changed in 2014, and then in November 2015 Hootsuite informed him his current role was being terminated as part of a “significant restructuring,” the response claims, and he was being offered a new role. Gunn’s claim said the new role he was offered “constituted a demotion.” The company’s response, however, said the new position “did not constitute a significant or fundamental change.”

Gunn was told if he did not accept the new role, his employment would be terminated, according to his suit.

On Dec. 23 of last year, according to the company’s response, “after Gunn made it clear to Hootsuite that he was not willing to accept the alternate role, Hootsuite terminated his employment.”

But Gunn’s suit tells a different story, claiming that Hootsuite CEO Ryan Holmes announced during a companywide meeting Dec. 1 that Gunn was leaving the company.

“This announcement came as a surprise to (Gunn), who believed he was still considering his impending demotion,” Gunn’s suit said.

“This incident caused the plaintiff further mental stress, anxiety and humiliation.”

Hootsuite’s response “specifically denies” Gunn’s claim about Holmes announcing Gunn’s departure at the Dec. 1 meeting.

At the time of Gunn’s dismissal last year, his salary was $199,614 per year, according to court filings, with a bonus plan providing up to $95,000 per year and participation in Hootsuite’s stock plan.

The workplace dynamics outlined in the court filings are not uncommon in the fast-moving world of technology companies, said Richard Johnson, a lawyer at Kent Employment Law in Vancouver.

“That’s the one thing we tend to see in tech startups,” he said.

“Things happen quickly. Things evolve pretty quickly. And when they go south, they tend to go south quickly.”

Hootsuite’s response states the termination provisions in Gunn’s contract are “unenforceable on the basis of ambiguity.”