Solera accused of conducting mass layoff via Microsoft Teams

Solera is in the hot seat after videos emerged on TikTok — alleging that the company performed a mass layoff over Microsoft Teams.

In the videos, which are no longer available on the social media platform, some staff members scolded management for the approach, while others named specific colleagues that they believed should be laid off instead of them.

At one point, it appears that Solera is trying to broach the topic of severance pay. However, due to the chaos of the meeting, the call ends before management discusses compensation.

News outlets, including The Daily Dot, have reached out to the company for more information about the situation.

Can employers in Canada conduct mass layoffs via Microsoft Teams or Zoom?

The short answer is yes. While it’s not illegal for employers in Canada to conduct a mass layoff using video conferencing software, there could be situations where it breaches employee privacy.

Non-unionized employees in the country can be let go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

WATCH: Employment lawyer Lior Samfiru spoke with Global News about rights that non-unionized employees have if they are fired over Zoom or another conferencing platform.

Fired “for cause”?

It’s very unlikely that a company would be able to fire a large group of employees for cause over video conferencing software, such as Microsoft Teams or Zoom.

Considered the “capital punishment” of employment law, your boss doesn’t have to provide you with a severance package and you can’t access Employment Insurance (EI) benefits.

To justify terminating you for cause, your employer would have to prove:

• Progressive disciplinary measures were applied
• A lesser penalty wouldn’t be acceptable

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

How is severance pay calculated?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

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

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

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

There are no one-size-fits-all severance packages. An employer may have the same reason for laying off a group of workers, but compensation must be calculated on an individual basis.

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. This nifty tool has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance packages in mass layoffs
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated workers

My employer is pressuring me to sign my severance offer immediately, what should I do?

In Canada, it’s not uncommon for employers to pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive an offer from your boss, don’t sign anything until you speak with our firm. Your company can’t legally force you to accept it before leaving a termination meeting or even a few days after it was provided to you.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. Employers in Canada can’t revoke severance offers simply because an individual declined it or attempted to negotiate more compensation.

If your boss refuses to provide you any severance because you turned down their initial offer, it’s very likely that you have grounds for a wrongful dismissal claim.

ADDITIONAL RESOURCES
• Should I negotiate my own severance package in Ontario?
• What Albertans need to know about negotiating severance packages
• Negotiating severance in B.C.: What employees need to know

Received a severance offer? Speak with an employment lawyer

Before accepting any severance offer from your employer, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review the agreement and ensure that you receive the compensation you are legally entitled to.