Bill Belichick, Pete Carroll’s NFL tenure ends: Employee rights

As another season of the National Football League (NFL) draws to a close, a number of head coaches have been relieved of their duties — ostensibly all because their teams failed to meet the expectations of ownership.

Two outgoing coaches in particular shocked NFL fans: Bill Belichick of the New England Patriots and Pete Carroll of the Seattle Seahawks.

Both Belichick and Carroll have been at the helm of their respective teams for over a decade (38 seasons combined) — with Super Bowl victories under their belts.

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Their departures came as a surprise because both coaches hadn’t reached the end of their contracts. Belichick’s agreement continued through the 2024 NFL season, and Carroll was expected to stay on through the 2025 season.

While NFL coaches are unionized and employed in the U.S., there are many things that non-unionized workers in Canada can take away from the bombshell announcements.

Ending fixed-term contracts early in Canada

When employers in Canada end a non-unionized worker’s fixed-term contract early without cause or without a termination clause, they must pay the individual for the remaining time left on the agreement.

This compensation includes wages and potentially other benefits that the worker would have received had the contract run its full term.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about fixed-term contracts on an episode of the Employment Law Show.

In some cases, fixed-term contracts contain a termination clause — limiting the amount of compensation that an individual is owed if the agreement ends early.

If the fixed-term contract you signed does include a termination clause, don’t panic.

These provisions are often unenforceable in a court of law — meaning you could still be entitled to a significant amount of compensation.

If your employer ends your fixed-term contact early for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation that you are owed.

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How is severance pay calculated?

In Canada, severance for non-unionized employees 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

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

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If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should seek legal counsel.

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

Severance pay for executives

Severance packages for C-suite employees can be complex due to the numerous factors that must be considered for compensation.

For Canadian executives, these factors can include:

• Salary
• Bonuses or incentive payments
• Stock options
• Profit-sharing
• Employee discounts
• Benefits
• Pension contributions
• Outplacement counselling
• Legal fees

Similar to other non-unionized employees, the scope of a C-suite employee’s severance package can be limited by the terms agreed upon in their employment agreement or offer.

Therefore, it’s advisable for all employees to have their contracts reviewed by Samfiru Tumarkin LLP before signing.

This step ensures they fully understand the implications for their future entitlements in the event that they are terminated or lose their job.

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• Should I negotiate my own severance package in Ontario?
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Can my employer fire me for performance-related reasons?

Employers in Canada can fire non-unionized workers 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.

However, it’s very unlikely that your boss would be able to fire you for cause over performance-related concerns.

Considered the harshest punishment in a company’s arsenal, it’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify firing you for cause, your employer must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, 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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• Can I be fired after a bad performance review in Ontario?
• Fired after a bad performance review Alberta: Your rights
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My employer offered me an alternate role, do I have to accept it?

While Pete Carroll is no longer the head coach of the Seattle Seahawks, the organization said he will remain with the NFL team “as an advisor.”

Instead of terminating staff, some employers in Canada offer non-unionized workers an alternate role at the company.

If your boss offers you a different position, and you have a good reason for rejecting it (i.e. reduced pay or unfavourable conditions in the contract), you can still receive full severance pay.

Even without a good reason for rejecting the alternate role, you can still pursue your minimum entitlements at the end of your employment.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: What employees need to know
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Employee rights

My boss is pressuring me to quit after refusing the alternate role they offered, what should I do?

No matter how upset your employer is that you rejected the alternate role they offered, the company can’t pressure or force you to resign.

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

Once you have gathered all of the relevant documents, don’t resign before contacting an experienced employment lawyer at Samfiru Tumarkin LLP.

We can tell you if you have grounds for 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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• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
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Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or were forced to quit your job, 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 your situation, enforce your rights, and ensure that you receive the compensation you are owed.