Can my employer fire me over Zoom or video conferencing?

Fired over Zoom

Vishal Garg, the CEO of Better.com (a digital mortgage company based out of New York) recently invited over 900 of its employees to join a Zoom call. Within three minutes, these employees were advised that their employment would be terminated, just weeks before the holiday season. While the call may have been short, the impact on these employees is sure to have a longer-lasting impact.

The mass termination resulted in a loss of approximately 9% of Better.com’s staff. This is despite the company having received an investment of $750 million that same week. The investment brought the company’s overall value to approximately $7 billion. The terminated employees were advised that they would receive one month of severance pay and three months of continued medical benefits.

WATCH: Employment lawyer Lior Samfiru, partner at Samfiru Tumarkin LLP, spoke to Global News about rights for employees if they are fired over Zoom or another video platform.

CEO mishandles firings, employee treatment

While Garg expressed remorse during the meeting, several days later, he posted a number of messages online accusing a large number of employees of “stealing” by only working two hours per day but being paid for eight.

Garg has a history of treating his employees poorly. In 2020, he sent an email calling his workforce a “bunch of dolphins” and stated that they were embarrassing him. Unfortunately, this type of behaviour and callous way in which employees are being terminated is becoming the new norm.

Here is what you need to know if you are faced with a similar situation to those who worked for Better.com.

Can your employer terminate you over Zoom?

In a non-unionized setting in Canada, your employer may terminate you for any reason that is not discriminatory, as long as they provide you with appropriate severance. This is called a termination without cause.

Your employer is also obligated to act in good faith during the working relationship and at its conclusion. While most would prefer a private meeting when being terminated, there are no specific rules around this. An employer can terminate you in a letter, in person, via text message or email, or even over Zoom. With the growing evolution of remote working, we are seeing more and more employees let go in an impersonal method.

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Am I entitled to severance if I am fired?

When your employment has been terminated, your employer is obligated to pay you a severance package.  In some situations that could mean up to 24 months’ compensation. There are a variety of factors that determine your termination entitlements, including your age, length of service, position. Also considered is the availability of similar employment. It is important to speak with a lawyer or paralegal before you sign off on any severance offer to ensure you are receiving your full compensation.

Our Severance Pay Calculator – used by over 1 million Canadians – can also give you a basic understanding of how much you may be owed.

Am I entitled to additional damages for the way I was terminated?

While in most cases, an employee would only be entitled to severance pay, there are some situations where additional damages could be owed, for example, in cases of discrimination or reprisal. However, there are a rising number of cases where employers are being penalized for poor or inappropriate treatment of their employees during their tenure, at the time of termination, and after the termination takes place.

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Employment Law Show: Reprisals at work

In the recent case of Humphrey v. Mene, an employer was ordered to pay tens of thousands of dollars in damages over and above the terminated employee’s wrongful dismissal damages. The court took notice of the employer’s behaviour during the employee’s employment and its conduct throughout the litigation. Specifically, an incredibly inappropriate company-wide email sent by the company’s CEO that implied misconduct.