Lior Samfiru discusses signing layoff paperwork with the Canadian Press

As mass layoffs continue across the country in various sectors, from retail to technology, it is vital for employees to be aware of their rights and entitlements. What are the next steps after experiencing a layoff? Are there legal obligations employers must follow in the manner of termination?

Lior Samfiru, an employment lawyer and co-founding Managing Partner at Samfiru Tumarkin LLP spoke to the Canadian Press’ Tara Deschamps on employee rights every Canadian should be aware of.

Samfiru cautions unionized employees that, unlike non-unionized employees, there are different laws surrounding entitlements after termination.

“Unionized employees must turn to their collective agreement, which should outline what they are entitled to,” Samfiru explains. “There’s really not much to negotiate. The collective agreement says you get X, employers pay X and that’s it.”

Samfiru explains that it is often more complicated for non-unionized employees to determine their entitlements, despite what is outlined in the Employment Standards Act.

“Almost every employee has greater entitlements than those minimums under common law,” Samfiru states. “The longer you work, the older you are and the more senior position you have, the more entitlements you have under common law.”

Samfiru goes on to explain that all elements of compensation, and not just an annual salary and wages, must be taken into consideration.

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“Benefits, bonuses, stock options and commissions may also have to be handed over to workers for a period of time beyond their last day,” Samfiru says. “Ask yourself, would I have received this if I continued working for the 12-month period? And if the answer is yes, I would have, then it has to be included as part of your severance.”

Ultimately, in the event of a layoff, Samfiru states it is vital for employees to seek the advice of an employment lawyer.