Cloudflare, Discord workers post layoffs online: Employee rights

A former Cloudflare employee has gone viral on social media after she secretly recorded her virtual termination meeting and posted it on TikTok.

In the nine-minute video, Brittany Pietsch challenged the company’s claim that she was being laid off due to poor performance.

“I disagree that I haven’t met performance expectations,” Pietsch said in the video — adding that she was never put on a Performance Improvement Plan (PIP).

“I really need an answer and an explanation as to why Brittany Pietsch is getting let go, not why Cloudflare decided to hire too many people then are now actually realizing that they can’t afford this many people and they’re letting them go.”

LISTEN: Employment lawyer Jon Pinkus discusses Pietsch’s layoff and potential reinstatement with 640 Toronto’s Kelly Cutrara.

The HR representative on the call said they would do everything that they could to provide her with specific information, but couldn’t make any promises.

SEE ALSO
• Can I be fired after a bad performance review in Ontario?
• Fired after a bad performance review Alberta: Your rights
• Terminated after a bad performance review in B.C.: Employee rights

Cloudflare’s CEO responds

In a post on X, formerly Twitter, CEO Matthew Prince said Pietsch’s layoff video was “painful” to watch.

“When we’re doing performance management right, we can often tell within three months or less of a sales hire, even during the holidays, whether they’re going to be successful or not,” Prince said.

“Sadly, we don’t hire perfectly. We try to fire perfectly. In this case, clearly we were far from perfect.”

He added that Cloudflare is focused on improving its termination process.

Similar situation at Discord

A few days after Discord announced that it was cutting 17 per cent of its workforce, an employee decided to record her reaction to being laid off and post it on X.

In the minute-long video, Chloe Shih starts by reading the company’s initial layoff announcement. She then narrates the email that she received from HR and includes a snapshot of the message.

“Dear Chloe, it is with heavy hearts that we inform you that your role has been impacted by our company-wide reduction-in-force, and your employment with Discord is ending,” Shih said.

While she screams and uses explicit language, a caption appears above her head that says “I just bought a house too.”

The video ends with Shih’s fiancé hugging her and looking at her computer.

SEE ALSO
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• MillerKnoll CEO virtually tells staff worried about bonuses to ‘leave Pity City’
• Kia Canada staff decry decision to deliberately withhold vehicle deliveries

Recording termination meetings in Canada

Before recording a termination or layoff meeting, non-unionized employees in Canada should get consent from all parties involved.

If you secretly record the conversation and post it online, this could violate certain privacy laws as well as the conditions of your severance offer.

WATCH: Employment lawyer Lior Samfiru explains several things employees shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

In the event that you are still negotiating your severance package, your employer might be able to revoke their offer if you publish negative things about them online.

If you have already accepted a severance offer, it’s possible that you could be required to pay back some or all of the compensation you received from the company.

Instead of recording your termination or layoff meeting, it’s recommended that you write things down using a notepad or computer.

ADDITIONAL RESOURCES
• Is it legal to record a conversation at work in Ontario?
• Recording conversations at work in BC: Your rights

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

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

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

If you receive a severance 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
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: Key things to know about severance packages
• 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. If you are fired without cause in Canada, your employer must provide you the minimum amount of severance pay that you are owed under provincial or federal employment standards legislation.

If your boss refuses to provide you any severance because you turned down their offer or tried to negotiate more compensation, 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.