Employment lawyer Alex Lucifero with CTV talks tech layoffs

Interview Summary

As more layoffs continue in the technology sector, many Canadian employees from Twitter and Meta face uncertain times. Questions about severance packages and entitlements for Canadian employees working for American-based companies have arisen. Will severance still be based on Canadian employment laws? What should employees who have been laid off be aware of?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins CTV News Ottawa with Matt Skube to answer these questions and more.

Interview Notes

• Laid-off Canadian employees working for US companies: It is important for employees to note that if they reside and work in Canada, Canadian employment laws apply to them, not American laws. The same rights, protections and entitlements to severance are applicable for Facebook and Twitter employees residing in Canada despite the fact that the company might be American.
• Severance comparisons between the U.S and Canada: Employment laws in the U.S differ greatly compared to Canada, and in many cases, there are no severance laws. Canadian employees have significant severance rights based on their age, position and years of service. Short-service employees in Canada are still owed severance pay upon termination.
• Pursuing severance pay if not offered: In Ontario, and across most provinces in Canada, employers are not able to deny employees severance upon termination unless they were let go for cause. Terminations for cause are difficult to prove and employers must show that an employee has exhibited serious misconduct in order to be denied severance pay.