Lululemon expanding Vancouver HQ, creating 2,600 new jobs

Lululemon is expanding its footprint in its hometown.

In a recent news release, the federal government announced that the high-end clothing maker will increase the size of its global headquarters in Vancouver and create 2,600 new jobs over the next five years.

“[Lululemon] is a great Canadian success story. As a brand that embodies innovation, quality, and an unwavering commitment to excellence, [it] has become an iconic symbol of Canadian artisanship and entrepreneurial spirit,” Sean Fraser, Minister of Immigration, Refugees, and Citizenship, said in the release.

“As they retain their global headquarters in Vancouver and continue to expand, our government will continue to pursue an immigration policy that ensures employers like [Lululemon] can attract the talent they need to drive economic growth here in Canada.”

.@lululemon is a great Canadian success story.

As they continue to expand, we will continue to ensure they can attract the talent they need to drive economic growth here in British Columbia.

Learn more: https://t.co/bVPl2oGTtH pic.twitter.com/uXqJ9EkMvu

— Sean Fraser (@SeanFraserMP) May 26, 2023

The announcement comes just months after Ottawa gave Lululemon permission to hire foreign workers without needing to complete the labour market impact assessment (LMIA) process.

The LMIA exemption, which expires on April 1, 2026, will allow the company to conduct an international recruitment drive for certain positions, including management jobs, software engineers, and computer technicians.

“Our people are at the heart of our organization. This program provides us with the opportunity to bring global talent to our hometown of Vancouver, supporting our people to collaborate and innovate together as they build long and meaningful careers at [Lululemon],” CEO Calvin McDonald said.

“As a proudly Canadian brand, we are fortunate to be in partnership with the provincial and federal governments, who were able to move this forward for us.”

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According to the federal government’s release, Lululemon employed nearly 9,000 Canadians in 2022.

If you are thinking about joining the company’s growing team, here are a few things that non-unionized workers need to keep in mind.

Carefully review your new employment contract

Before starting a new job in B.C., there is a very good chance that your employer will ask you to sign an employment contract.

However, you shouldn’t accept anything until an experienced employment lawyer at Samfiru Tumarkin LLP has reviewed the agreement.

While standard items in the contract might look correct, such as your start date, compensation, and vacation entitlements, these agreements often take away key protections that would otherwise be available to you.

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

SEE ALSO
• Lululemon Layoffs and Severance Pay
• Employment Law Show: What to know about changes to your job

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

It’s important to understand that your employer can’t legally force you to sign a new employment contract immediately or a few days after providing it to you.

Our firm can review the agreement and ensure that your workplace rights are properly protected.

LEARN MORE
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• ’60 days or more’: Is it an enforceable termination clause?
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New contracts for current employees

As more Lululemon jobs become available in B.C., the company might ask existing employees to sign new employment contracts.

Before accepting a new agreement, current staff members at Lululemon should have it reviewed by Samfiru Tumarkin LLP.

We can review the contract and ensure that it contains the correct clause to protect your seniority.

You might have to complete a probationary period

In B.C., it’s common for employment contracts to contain a “probation clause” that requires non-unionized workers to complete a probationary period when they start working for a new company.

If your employer doesn’t indicate the existence of a probationary period in your employment contract, it won’t be considered “valid” or “in effect”.

In many cases, employees are put on probation for approximately three months. During this time, your boss will assess your suitability for the role.

If you are fired or let go before the probationary period ends, the company might not owe you a severance package. Your entitlements depend on what you agreed to in the employment contract.

However, if you are terminated after three months of probation, the province’s minimum entitlements legislation requires your employer to provide you with working notice or pay in lieu of notice (i.e. severance pay).

LEARN MORE
• Employment Law Show: Probationary periods and termination
• Severance for provincially regulated employees
• Wrongful dismissal in B.C.: Your rights

Severance pay considerations

Before changing jobs in B.C., it’s crucial that you consider future severance possibilities.

While severance can be as much as 24 months’ pay, compensation for non-unionized employees is calculated using a number of factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

If you quit your current job, you may not be owed severance

Non-unionized workers in B.C. typically don’t get a severance package if they resign from their position voluntarily to take up employment elsewhere.

This is because severance is designed to provide employees with financial support while they look for new work after being fired without cause or let go.

However, if you are forced to leave because of unwanted changes to your job, there is a very good chance that you could treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t quit your job before speaking with an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Severance pay in a recession
• Should I negotiate my own severance package in B.C.?

Your length of service affects your severance entitlements

In the event that you are fired without cause or let go, a key factor in determining how much severance pay you are owed is your length of service.

• Example: If you worked at a software company in Surrey for 13 years and decide to take a new job in Toronto that you sought out on your own, you forfeit the severance entitlements you built up with your current employer. As a result, if you are fired without cause or let go shortly after joining the new business, you could receive very little compensation.

However, there are situations where short-service employees are owed substantially more severance pay than they realize.

If your employer fires you without cause, and you have only been with the company for three years or less, don’t accept any severance offer before contacting Samfiru Tumarkin LLP.

As long as you didn’t sign it and send it back to your boss, you have two years from the date of your dismissal to pursue full severance pay.

Our experienced employment lawyers can review the offer and help you secure the compensation that you are legally entitled to.

SEE ALSO 
• I already accepted a severance package, what should I do?
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

Fired after being recruited by another company?

In some cases, non-unionized workers in B.C. leave their current job after being actively recruited by another company.

If your new employer took documented steps to entice you to take up employment with them, this is known as inducement.

In the event that the company decides to terminate you shortly after pulling you away from your previous employer, the inducement should be taken into consideration when determining your severance entitlements.

As soon as you receive a severance offer, don’t sign anything before contacting an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

We can confirm that the inducement has been properly factored into your severance package and help you secure the compensation you deserve if it isn’t.

SEE ALSO
• Employment Law Show: Facts about the termination process
• Employment Law Show: Things to never do before seeking legal counsel

Looking to change jobs? Speak to an employment lawyer

Before signing 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.