Ontario employment lawyer on Elon Musk Twitter ultimatum

Interview Summary

Elon Musk proposed an ultimatum to his employees at Twitter recently, asking all staff to commit to ‘hardcore’ work or resign. What rights do employees have to refuse requests made by their employer? Could a potential change in workload mean a change to the fundamental terms of employment?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke with Kelly Cutrara on 640 Toronto on the ultimatum and employee rights.

Interview Notes

• The legality of Musks’ demands: Employment laws in the United States are very different than those in Canada. For Canadian employees and specifically those in Ontario, this ultimatum poses a number of problems not only with the severance offered but the manner in which the requests for overtime are being made.
• Constructive dismissal for Twitter employees: Employers cannot impose significant changes to the terms of employment without an employee’s consent; it is considered a breach of their employment contract. By asking Twitter employees to completely change their schedules for an indefinite amount of time, Musk has given reason for constructive dismissal. Employees are able to refuse changes and it is not considered a resignation.
• Options for employees facing similar ultimatums: Employees should remember that they do not have to accept proposed changes by their employer and should not feel coerced or pressured to do so. It is important to seek legal advice from an employment lawyer particularly if there is mention of a severance package.