B.C. film industry staff ready to work after Hollywood actors’ strike

Members of British Columbia’s film industry are eager to get back to work following the end of the Hollywood actors’ strike.

In a recent news release, the Screen Actors Guild-American Federation of Television and Radio Performers (SAG-AFTRA) said its members voted to ratify the “2023 TV/Theatrical Agreement” that was reached with the Alliance of Motion Picture and Television Producers (AMPTP).

“SAG-AFTRA members demanded a fundamental change in the way this industry treats them…This new contract delivers on these objectives and makes substantial progress in moving the industry in the right direction,” Duncan Crabtree-Ireland, the union’s national executive director and chief negotiator, said in the release.

“By ratifying this contract, members have made it clear that they’re eager to use their unity to lay the groundwork for a better industry, improving the lives of those working in their profession.”

SAG-AFTRA, which represents more than 60,000 members, hit the picket lines on July 14 — joining screenwriters who had walked off the job more than two months earlier.

The last time both unions were on strike together was in 1960.

Creative BC’s response

Prem Gill, CEO of Creative BC, told CityNews Vancouver that many in the film industry breathed a big sigh of relief when the Hollywood actors’ strike came to an end.

“It’s pretty exciting for people to be able to get back to work [and for] productions to gear back up to the levels that we’re used to,” Gill said.

“All through the summer period, we’ve still been getting queries about B.C. as a potential production location from producers and different people.”

However, she noted that it could take until early 2024 for production in the province to return to pre-strike levels.

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Creative BC recently estimated that B.C.’s film and TV industry employs around 88,000 workers.

As non-unionized employees in the province head back to work, here are few things that they need to be aware of.

Are temporary layoffs legal in B.C.?

The short answer is no. In B.C., a temporary layoff represents an illegal change to the terms of a non-unionized worker’s employment.

Exceptions: According to the province’s Employment Standards Act (ESA) and common law, you can be temporarily laid off if:

• You agree to the temporary layoff
• There is a provision in your employment contract that expressly permits a temporary layoff
• You have accepted a temporary layoff with your employer in the past (potentially giving them the ability to do it again)
• You are employed in an industry where temporary layoffs are a standard, industry-wide practice

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

If your boss puts you on a temporary layoff without your consent, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can determine if you have grounds for a constructive dismissal claim, which would allow you to quit your job and pursue full severance pay.

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How is severance pay calculated in B.C.?

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

This includes individuals working full-time, part-time, or hourly in the province.

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

To figure out how much you could be owed, a great tool to use is our free Severance Pay Calculator. It has helped millions of Canadians understand their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact our firm immediately.

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

LEARN MORE
• Severance packages for film industry staff
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• Should I negotiate my own severance package in B.C.?

My boss is pressuring me to sign a new employment contract, what should I do?

If the employment contract you initially signed doesn’t give your employer permission to temporarily lay you off, the company might ask you to accept a new agreement that does allow them to do so.

In the event that you receive a new employment contract, don’t sign anything before contacting an experienced employment lawyer at Samfiru Tumarkin LLP. You don’t have to accept it immediately or a few days after your boss provides it to you.

These agreements often take away key protections that would otherwise be available to non-unionized employees in B.C.

We can review the contract and ensure that your workplace rights are properly protected.

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Validating a new agreement

In Canada, employers must provide non-unionized workers with an additional “benefit” in order to validate a new employment contract.

Potential benefits could include:

• A signing bonus or raise
• Extra vacation days
• More flexibility working remotely

If your company didn’t include an additional benefit in the new agreement, or you aren’t sure that one has been provided, don’t sign anything before contacting our firm.

Can my boss make major changes to my job following a temporary layoff?

While employers in B.C. can generally make minor alterations to a non-unionized worker’s job, substantial changes would require the individual’s consent.

Employees in the province don’t have to accept major modifications to the terms of their employment. Significant adjustments, such as a demotion, workload increase, or pay cut, are illegal.

If unwanted changes are made to your job after returning from a temporary layoff, or for any reason, seek legal counsel immediately.

We can help you file a constructive dismissal claim and ensure that you receive the compensation you deserve.

ADDITIONAL RESOURCES
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My boss is pressuring me to quit following a temporary layoff, what should I do?

In B.C., employers can’t pressure or force non-unionized workers to resign.

If your boss is encouraging you to quit your job after you return from a temporary layoff, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to step down.

Once you have gathered all of the relevant documents, don’t resign before contacting an experienced employment lawyer at Samfiru Tumarkin LLP. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, reach out to our firm as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

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Can my boss fire me following a temporary layoff?

Employers in B.C. can fire non-unionized workers after they return from a temporary layoff.

This is known as a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

However, it’s very unlikely that your boss would be able to fire you for cause in this situation — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the “capital punishment” of employment law, this type of dismissal is reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify firing you for cause, the company must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be acceptable, which is very difficult to do.

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

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• 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

Lost your job? Speak with an employment lawyer

If you are fired or let go following a temporary layoff, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

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

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