COVID

Work: What’s Next | Fired over zoom, COVID-19 layoff policies

Headshot of employment lawyer Lior Samfiru to the left of the Global News logo, which hovers above a dark blue band across the bottom of the image bearing the Samfiru Tumarkin LLP logo.

Interview Summary

A recent viral video in which a CEO terminated over 900 employees over Zoom has given rise to many questions concerning employee rights and layoffs as a result of the pandemic. How should employers lay off employees in order to be considerate of their rights? Can employees pursue any additional compensation once laid off by their employers?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Global News on Work What’s Next to discuss this ongoing issue.

Interview Notes

Can an employer legally terminate employees over Zoom?

There is a distinction between what is legal and what should be done by employers. There are no laws that prevent employers from terminating employees en masse online. It would likely be a termination without cause, and severance would be owed to the affected employee.

There are many reasons that this practice should not be conducted by employers as employees will not be able to understand the decision or ask questions. Employees in this situation could feel disrespected and employers could be open to potential legal action.

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How should employers conduct a termination meeting?

Employers should terminate employees in a private meeting in which an employee is not exposed visually to other staff. Employers should also give employees the ability to ask questions about their termination. Terminations should be respectful and considerate towards employees.

What should employees be aware of with an extended paid sick leave in Ontario?

Paid sick leave in Ontario means employees can receive up to $200 per day if they are sick with COVID-19, have symptoms, have to be tested, etc, for up to 3 days. This leave only applies to employees who are not already receiving paid sick days from their employers.

LEARN MORE
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What options do employees have if they need more than 3 days of sick leave?

Many employees might need a longer sick leave and should apply for Employment Insurance benefits as well as a possible short-term disability program through their own companies.

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