Elon Musk to Twitter staff: Be ‘extremely hardcore’ or quit

Twitter closed its offices until Nov. 21 after hundreds of employees reportedly decided to resign following an ultimatum from the social media giant’s new owner.

In an email on Nov. 16, Elon Musk told employees that they can either commit to a “hardcore” work environment, or resign and receive three months of severance pay.

“Going forward, to build a breakthrough Twitter 2.0 and succeed in an increasingly competitive world, we will need to be extremely hardcore,” Musk said in the email, which was obtained by multiple news outlets, including The Washington Post.

“This will mean working long hours at high intensity. Only exceptional performance will constitute a passing grade.”

Twitter’s staff had until 5 p.m. Eastern Time on Nov. 17 to make their choice.

Musk’s ultimatum comes less than a month after the company moved ahead with plans to lay off roughly half of its global workforce.

SEE ALSO
• Report: Top Twitter executives fired ‘for cause’ to avoid severance payouts
• Elon Musk to Tesla Employees: ‘Come back or get out’
• Employment lawyer on mass layoffs in the tech industry
• Layoffs in Canada

Is three months of severance pay enough for Twitter Canada employees who decided to quit?

Musk’s resignation offer may not be enough compensation for some Twitter Canada employees.

Generally, non-unionized employees in Canada aren’t entitled to any severance pay if they voluntarily resign. However, Musk is offering a severance package to those who decide to quit.

In some cases, three months of severance pay may only be the minimum amount that Twitter Canada staff are entitled to when they are fired without cause or let go.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and British Columbia.

The difference between Twitter’s three-month severance offer and what you are actually be owed could be substantial.

If you resign and accept the package, there is likely nothing more that can be done to secure full severance pay.

ADDITIONAL RESOURCES
• Severance Pay in Ontario
• Alberta severance packages
• Understanding severance in B.C.

How is severance pay calculated?

In Canada, severance can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

Our firm’s free Severance Pay Calculator can help you figure out how much you are owed.

If your company’s offer falls short of what is appropriate, you have been wrongfully dismissed.

An experienced employment lawyer at Samfiru Tumarkin LLP can help you file a claim to ensure that you receive proper compensation.

LEARN MORE
• Severance pay for provincially regulated employees
• Severance for federally regulated employees
• Severance pay in a recession

Do Twitter Canada employees have to accept major changes to their job?

In Canada, non-unionized employees don’t have to accept major changes to their job.

Large changes such as longer shifts, reduced pay, a demotion, or a negative change to commission are illegal.

While Twitter is asking staff to agree to working longer hours at high intensity, the company doesn’t have the right to make them comply.

If non-unionized Twitter Canada employees refuse significant changes to their employment, and management still proceeds with them, those workers can claim constructive dismissal.

In this situation, you have the right to stop working and pursue a fair severance package.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Changes to your employment in Alberta: What you should know
• Employment Law Show: 5 things to know about employment contracts

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

Can my employer pressure me to quit if I don’t want to accept major changes to my job?

No, your employer can’t force or pressure you to quit if you refuse to accept significant changes to your job.

If you don’t resign when your company asks you to, and they still proceed with substantial changes to your employment, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We can review your situation and help you file a constructive dismissal claim to ensure that you receive the compensation you are owed.

It’s important to get legal advice early. If you wait too long to object to the changes, or continue working under the new terms of employment, your employer could argue that you accepted the changes.

Can Twitter Canada employees be fired for refusing to be “extremely hardcore” at work?

In Canada, non-unionized employees can be fired for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is called a termination without cause.

It’s very unlikely that Twitter would be able to fire remaining staff for just cause if they refused to get “extremely hardcore” at work. This would prevent individuals from receiving a severance package or accessing Employment Insurance (EI) benefits.

To justify firing Twitter Canada employees for just cause, the social media giant would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be insufficient

This type of dismissal is reserved for the worst kinds of workplace offences, such as theft and job abandonment.

SEE ALSO 
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

What if Twitter Canada employees can’t be “extremely hardcore” because of their disability?

In Canada, employers are legally obligated to assist workers who can’t perform their job due to a disability (either physical or psychological), religious reasons, or other constraints.

As part of their duty to accommodate, companies may have to:

• Change your job requirements
• Provide someone to help you complete your tasks
• Make changes to the shift itself

The goal is to ensure that you can continue to perform your job duties, despite your disability.

If you believe that your employer hasn’t properly fulfilled their duty to accommodate, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation and help you secure the compensation that you are entitled to through a constructive dismissal claim.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

Lost your job? Speak to an employment lawyer

If you are fired or lose your job for any reason, or your employer has made significant changes to your employment, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver have helped tens of thousands of non-unionized individuals across Canada resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.