Lluc Cerda on fired unvaccinated employees pursuing severance

Interview Summary

As the provincial government prepares to lift more COVID-19 restrictions, many employees who were let go from their jobs as a result of vaccine policies are questioning what comes next. Will they be able to be re-instated at their previous employment? Are they owed severance pay?

Lluc Cerda, an employment lawyer in Alberta and Senior Associate at Samfiru Tumarkin LLP spoke with CityNews Edmonton on employee rights to severance pay.

Interview Notes

“I don’t believe employers had a legal basis to terminate employees for not being vaccinated,” says Cerda to Darcy Ropchan at CityNews.

“If you’re terminated for not having been vaccinated,” Cerda says, “you are very likely entitled to a severance package.” Cerda goes on to explain that the lifting of restrictions could give more credence to arguments that the vaccine mandates were premature.

Cerda goes on to state that employers did have other options. “There were a lot of other alternatives available to employers rather than terminating staff if they were not vaccinated, such as regular testing or working from home.”