FGS Global acquires Canadian communications firm Longview: Employee rights

FGS Global (FGS) is expanding its North American footprint.

In a news release on Nov. 21, the New York-based firm announced that it has acquired Longview Communications and Public Affairs (Longview).

“Longview is the go-to team on all mission critical issues for companies in Canada. The firm has an outstanding track record, deep client relationships, and values aligned with our own,” Winnie Lerner, CEO of FGS North America, said in the release.

“Extending our reach into Canada broadens our geographic footprint and enhances our ability to deliver for our clients. We have known and respected Longview for a long time, have partnered successfully on many prior client assignments and are thrilled to welcome them to FGS.”

The acquisition comes as Longview celebrates its 20th anniversary. The Vancouver-based firm has been renamed FGS Longview and will “continue to be led by Longview Partners Josh Pekarsky, Bruce Drysdale, Ian Hamilton, and Hugh McFadyen.”

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In addition to its Vancouver headquarters, FGS Longview has offices in Calgary and Toronto.

With the company now part of the FGS family, here are a few things that non-unionized employees in Canada need to be aware of.

Who pays severance if FGS doesn’t keep certain Longview employees?

If the sale of Longview to FGS resulted in you losing your job, then Longview must provide you with full severance pay.

In Canada, the seller of the business is responsible for providing proper compensation to staff who lose their job.

WATCH: Employment lawyer Lior Samfiru explains the rights workers have when their employer sells the business on an episode of the Employment Law Show.

If FGS provided you with an employment offer, and you have a good reason for why you don’t want to accept it (i.e. different hours or pay), you might be able to get full severance pay from Longview.

Even without a good reason you can still get severance, but it’s very likely that you will only receive your minimum entitlements.

LEARN MORE
• Employer sold the business in B.C.? Know your rights to severance
• Rights to severance in Alberta when your employer sells the business
• Sale of business in Ontario: Rights to severance

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 B.C., Alberta, and Ontario.

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
• Rights to severance for provincially regulated employees
• Severance packages in mass layoffs
• Severance pay in a recession

Can FGS make major changes to the jobs of Longview employees?

In Canada, non-unionized employees at Longview don’t have to accept substantial changes to their job that FGS might try to enforce.

Major modifications, such as a demotion, longer shifts, or reduced pay, are illegal.

When significant adjustments are made to the terms of your employment without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t resign before contacting our firm.

ADDITIONAL RESOURCES
• Changes to your employment in B.C.: Your rights
• Job changes in Alberta: What employees need to know
• Can my employer make changes to my job in Ontario?

New employment contracts for Longview staff

If you work for Longview in Canada, and you receive a new employment contract from FGS, take the time to carefully review it before signing it.

In many cases, these agreements take away key protections that would otherwise be available to non-unionized employees, including:

• Eliminating past service: The new owner might attempt to reduce or eliminate your years of service with your previous employer. Don’t sacrifice your seniority. Length of service is a key factor when determining how much severance pay you are entitled to.
• Reducing severance pay: Some employers try to use a termination clause to reduce your severance entitlements to the bare minimum. Instead of months of pay, you might only receive a few weeks’ pay if you are fired without cause or let go.
• Ability to make changes: The new owner might attempt to add a clause that gives them the right to change aspects of your job (i.e. hours or pay) without your permission or lay you off without penalty.

Employers can’t legally force non-unionized workers in Canada to sign a new employment contract immediately or a few days after receiving it.

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Do Longview staff still have the same workplace rights with a non-Canadian owner?

The short answer is yes. Companies outside of Canada can’t use employment contracts to get out of Canadian employment standards legislation.

While FGS is based in the U.S., the global strategic communications consultancy still has to adhere to the same employment laws that Longview was required to follow for its Canadian staff.

Received a job offer? Speak with an employment lawyer

Before accepting a new employment contract, have the experienced employment law team at Samfiru Tumarkin LLP review the agreement to make sure your workplace rights are protected.

Our lawyers in B.C., Alberta, and Ontario have successfully represented tens of thousands of non-unionized individuals.

We can help you better understand the terms of the contract and advise you on how best to navigate the situation.