Lululemon employees fired after robbery, breached ‘zero-tolerance’ policy

Two Lululemon employees have been fired for cause after they confronted shoplifters at the company’s store in Peachtree Corners, Georgia.

According to news outlets, including CNN, the incident took place in April. Cellphone footage shared on social media shows two individuals wearing hoodies and face masks rush into the store, grab as much merchandise as they can carry, and then quickly flee.

During the theft, one of the terminated workers was filmed very close to the individuals — yelling “get out” repeatedly.

“In this particular case, we have a zero-tolerance policy that we train our educators on around engaging during a theft…we put the safety of our team and of our guests front and centre. It’s only merchandise,” Lululemon CEO Calvin McDonald told CNBC in an interview on June 2.

“Unfortunately, in this situation, the educators knowingly broke the policy [and] engaged with the thieves at multiple points — including following them out of the store.”

LISTEN: Employment lawyer Lluc Cerda discussed Lululemon’s decision to fire the two U.S. employees for cause with Kelly Cutrara on 640 Toronto.

Following the termination, calls are continuing to grow for the Vancouver-based retailer to reinstate the two workers.

However, Lululemon stands by its decision to let the employees go.

In a statement to CNN, the company reiterated that it has an “absolute zero-tolerance policy” for “engaging with guests in a way that could put [staff], or others, in harm’s way.”

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While this incident occurred in the U.S., it’s important for non-unionized workers in Canada to understand their rights in the event that they find themselves in a similar situation.

Can I be fired for breaching company policies in Canada?

Employers in Canada can fire non-unionized workers for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is called a termination without cause.

If your boss has properly implemented policies for what staff can or can’t do, and you breach those policies, it’s possible that the company could have grounds to terminate you for cause.

Considered the “capital punishment” of employment law, it’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

Not only can your employer let you go without a severance package, it also prevents you from accessing Employment Insurance (EI) benefits.

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, in order to justify firing you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.

If you are fired or let go for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation that you are legally entitled to.

LEARN MORE
• Lululemon layoffs and severance pay
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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
• Position at the company
• Length of service
• 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 understand their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

ADDITIONAL RESOURCES
• Should I negotiate my own severance package in Ontario?
• Negotiating severance in Alberta: Employee rights
• Severance negotiations in B.C.: What employees need to know

Can my employer punish me for breaching company policies?

If you breach a company policy that gives your employer permission to discipline you when it’s violated, then your boss would be able to punish you.

However, it’s very unlikely that your employer would be able to make substantial changes to your job as punishment.

Major modifications, such as a demotion, workload increase, shorter shifts, or reduced pay, are illegal.

If 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.

However, you shouldn’t resign before an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

LEARN MORE 
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My boss is pressuring me to resign after breaching company policies, what should I do?

No matter how upset your employer is that you breached company policies, management can’t pressure or force you to quit.

If your boss is encouraging you to resign, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to step down.

Once you have gathered all of the relevant documents, don’t quit your job before contacting our firm. You might have grounds for a constructive dismissal claim.

If you were ultimately forced to resign for any reason, reach out to Samfiru Tumarkin LLP immediately.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
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Can employers in Canada update or change their policies?

Companies in Canada can update or change their policies. However, before a policy is updated or changed, non-unionized employees are usually asked to review it and accept it in writing or electronically.

In some cases, employment contracts contain a clause that allows employers to “amend policies from time to time.”

If you signed an agreement that contains this clause, it’s very likely that your company can make reasonable changes to its policies — as long as they don’t result in major modifications to the terms of your employment.

My boss is pressuring me to sign a new employment contract, what should I do?

If the employment contract you initially signed doesn’t give your employer the right to amend company policies from time to time, you could be asked to accept a new agreement that does.

Before signing a new employment contract, have it reviewed by an experienced employment lawyer at Samfiru Tumarkin LLP. Your boss can’t force you to sign it immediately or a few days after it was provided to you.

In many cases, these agreements take away key protections that would otherwise be available to you.

Your employer might attempt to limit your severance package to a few weeks’ pay or add a clause that gives the company the ability to make significant adjustments to your job.

We can review the contract and ensure that your workplace rights are properly protected.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 things to know about employment contracts

Validating a new agreement

To validate a new employment contract, employers in Canada must provide non-unionized workers with an additional “benefit”.

Potential benefits could include:

• A raise
• Extra vacation days
• More flexibility working remotely

If your company didn’t include an additional benefit in the new agreement, or you aren’t sure that one has been provided, don’t sign anything before connecting with our firm.

SEE ALSO
• Pay raises: Rights for employees in Ontario
• Vacation Pay in Ontario: Your Rights

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 ensure that you receive the compensation you deserve.