CRA Cuts: Another 65 workers fired for ‘inappropriately’ claiming CERB

The Canada Revenue Agency (CRA) has fired an additional 65 employees who “inappropriately claimed the Canada Emergency Response Benefit (CERB)” during the COVID-19 pandemic.

To date, 185 workers have been let go. In a statement on Sept. 1, the agency said that “120 individuals are no longer with the CRA.”

What’s happening at the CRA?

According to news outlets, including CTV News, the CRA is reviewing approximately 600 cases in which current employees received CERB during the pandemic.

While the agency has determined that 185 workers weren’t eligible for the benefit, 116 staff members have been cleared of any wrongdoing.

The CRA said that employees who inappropriately claimed CERB are expected to pay back the money if they haven’t already done so.

SEE ALSO
• B.C. marketer awarded $25K, CERB not deductible from severance
• Employment lawyer on CERB Court of Appeal decision
• Will Canadians have to pay back their CERB?

Major layoffs continue

The CRA isn’t the only employer that has scaled back its staffing levels as 2023 comes to a close.

Big names, including Cruise, Etsy, Hasbro, Nike, Spotify, RBC, TD Bank, Broadcom, Amazon, AbCellera, Canadian Tire, PwC, Maersk, and Nokia, have pulled out the axe as they continue to navigate challenging economic conditions.

SEE ALSO
• ‘Loud Layoffs’: What employees need to know
• What Canadians need to know about ‘quiet layoffs’
• Where are layoffs happening in Canada?

While it remains unclear if the CRA has terminated both unionized and non-unionized workers, it’s important for non-unionized employees to understand their rights when they are fired or let go.

Employee rights during a termination

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 known as a termination without cause.

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

However, there are some situations where companies have grounds to fire staff for cause — 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 kinds of workplace offences such as:

• Theft
• Assault
• Serious insubordination

To justify terminating you for cause, your boss would have to 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.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back after I am fired?
• Pocket Employment Lawyer: Discover your rights

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

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.

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

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, 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, assess your legal options, and help you secure the compensation you deserve.

Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and should not be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.