Employment Law

Mohawk College Layoffs: Your Rights and Severance Pay Explained

A photo of an empty classroom. (Photo: MChe Lee / Unsplash)

Navigating a Layoff at Mohawk College

Mohawk College of Applied Arts and Technology, an educational institution located in Hamilton, Ontario with 1,200 full-time employees and up to 1,250 part-time workers, has experienced workforce reductions over the years due to funding shortfalls and enrollment fluctuations. Layoffs have impacted departments and roles such as professors, teaching assistants, marketing professionals, administrative staff, human resources employees, and customer service representatives. If you’re a current or former Mohawk College employee facing a layoff, understanding your rights and entitlements, including severance pay, is crucial.

Get The Latest: For details about the most recent layoff event, read our update here.

 

Experiencing a layoff can bring a mix of emotions—stress, uncertainty, or frustration about how the situation was handled. It’s not just your financial stability that’s disrupted, but also your career plans and confidence. This blog is here to support you. From understanding your severance entitlements to navigating your legal rights as a non-unionized employee, we’ll guide you through your next steps.


What Every Non-unionized Mohawk College Employee Should Know After a Layoff

  1. You don’t have to rush into a decision. There’s no enforceable deadline to accept a severance offer, even if your employer gives you one. Take the time you need to review the offer, understand your rights, and assess the impact of the layoff.
  2. Severance is based on more than just years of service. Factors like your age, job title, and the availability of similar work all play a role in determining the full amount you’re owed, which can be up to 24 months’ pay.
  3. Your severance offer isn’t always final. A second opinion can uncover gaps in your severance package, such as unpaid bonuses, benefits, or other entitlements. Many employees are owed more than they initially realize.
  4. You have legal protections. Canadian employment law is designed to ensure employees are treated fairly during layoffs. Employers must provide proper notice of termination or severance, and termination packages must meet legal standards.
  5. You’re not alone in this process. Layoffs can feel overwhelming, but with the right guidance, you can navigate this situation confidently and secure the compensation you’re owed.

💡If you’ve received a severance offer, use our Severance Pay Calculator to estimate what you may be owed. Then, consult one of our experienced employment lawyers for a comprehensive review.


Watch: Key Things to Know After a Layoff, with employment lawyer Lior Samfiru on the Employment Law Show.


What Mohawk College Employees Are Entitled To After a Layoff

When Mohawk Colelge conducts layoffs, employees are often eligible for compensation beyond what their employer initially offers. Here’s what to expect:

Severance Pay

Your severance can include up to 24 months’ pay, calculated based on:

  • Your length of service
  • Your age
  • Your position and salary
  • Current job market conditions

Bonuses and Commissions

Even if you’re terminated before a bonus payout, Canadian courts have ruled that bonuses and commissions must be included in severance calculations if they were a regular part of your compensation.

Continuation of Benefits

Your severance package should include the continuation of key benefits, such as extended health and dental coverage, for a period of time. This is especially important if you or your dependents rely on these benefits for ongoing medical or dental care.


Recent Developments at Mohawk College


Steps to Take If You’ve Been Laid Off by Mohawk College

1️⃣Don’t Sign Anything Immediately: Take your time to review all termination documents carefully. Speak with a lawyer before signing anything to ensure you’re fully informed and not rushed into a decision.

2️⃣Calculate Your Severance: Use our Severance Pay Calculator to estimate what you may be owed. Knowing the value of your entitlements can help guide your next steps.

3️⃣Document Everything:
Keep copies of termination letters, severance offers, and any correspondence with your employer.

4️⃣Get Legal Advice:
Contact an employment lawyer to ensure your severance reflects all of your rights and entitlements.

5️⃣ Start Exploring New Opportunities: Begin updating your resume and looking for new roles. Proactively seeking work not only helps your career but also shows that you’re making an effort to mitigate your losses, which is important in severance cases.


FAQs about Mohawk College layoffs

Can an employment contract affect my severance?

Yes, an employment contract can affect your severance if it includes enforceable termination clauses, but many of these clauses may be invalid for several reasons.

Can I be put on a temporary layoff?

Temporary layoffs for non-unionized employees are generally not permitted by law unless specifically allowed by an employment contract or. Like any change to your job, they can be treated as a termination through a constructive dismissal claim.

Am I entitled to severance as a contractor?

You may qualify if your work relationship is closer to that of an employee, which is quite common in Canada.

Can I negotiate my severance package?

Yes! Most severance offers can be negotiated to reflect full compensation.


Why choose Samfiru Tumarkin LLP?

At Samfiru Tumarkin LLP, we’ve helped over 50,000 clients secure fair severance packages, recovering millions of dollars for employees across Canada. Our team includes lawyers with extensive experience handling matters in an educational setting, ensuring you receive expert guidance.

Our team specializes in representing non-unionized employees in Ontario, Alberta, and British Columbia, ensuring their rights are fully protected. Beyond employment law, we also handle disability claims and personal injury cases, providing comprehensive legal support.

⚠️UNIONIZED? Severance and wrongful dismissal claims must be handled by your union through the grievance process outlined in your collective bargaining agreement (CBA). By law, an employment lawyer can’t represent you in these types of matters.


Get help with your severance today

Contact Samfiru Tumarkin LLP to get the compensation you’re entitled to. Call 1-855-821-5900 or request a consultation online.

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Additional resources for employees


Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and should not be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.

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