Employment Law

Simons Layoffs in Canada: Employee Rights, Severance Pay, and What You Need to Know

A close-up of three dress shirts on hangers, potentially sold by Simons.

NOW Toronto reported on November 28, 2025 that several alleged layoffs took place at the newly opened Simons store at Toronto’s Eaton Centre, just days before Black Friday. Former staff told the publication they were dismissed suddenly and without clear explanation, while Simons declined to comment on confidential HR matters.

According to the reporting

  • Former employees allege that multiple co-workers were dismissed over a short 2–3-week period.
  • The affected workers say the timing — immediately before the holiday season — left many shocked
  • Several individuals allege they were terminated just before their Ontario probation period ended, with no specific feedback beyond “unsuccessful probation period.”
  • These accounts remain allegations from former employees; Simons has not confirmed the details and has stated that it cannot discuss private HR matters .

While this is a reported and unconfirmed situation, the rights of non-unionized Simons employees in Canada remain the same under employment law.


Who Simons May Lay Off in Canada

The NOW Toronto report describes layoffs allegedly affecting frontline employees at the Eaton Centre store. According to former workers:

  • Sales associates (full-time and part-time)
  • Retail floor and customer-service staff
  • Recently hired employees still in probation periods
  • At least one full-time worker who relied on the job financially

Generally, in Canada, retail employers like Simons may restructure across:

  • Sales floor operations
  • Customer experience roles
  • Supervisory position
  • Visual merchandising
  • Back-of-house support

But regardless of department, all non-unionized employees have the same legal protections if their employment ends.


Know Your Rights When Simons Lays You Off

For non-unionized workers, a layoff, job elimination, or restructuring at Simons is typically considered a termination without cause.

This means the company must provide:

  • Full severance pay under common law, not just minimums under employment standards legislation
  • Notice or pay in lieu of notice
  • All components of compensation, which may include:
    • Salary
    • Benefits
    • Bonuses or incentive pay
    • Pension/RRSP contributions
    • Vacation pay
    • Any other earned compensation
💡 Common law rights are far greater than ESA minimum standards and often misunderstood by employees.

Severance Packages for Simons Employees

Your severance entitlement is calculated based on:

  • Length of service
  • Age
  • Role, position, and level of responsibility
  • Availability of comparable jobs in your field

Under Canadian common law, non-unionized employees can receive up to 24 months of severance pay.

Employers often present “standard packages” that:

  • Include only ESA minimums
  • Omit bonus or incentive pay
  • Provide insufficient notice
  • Include unclear calculation
  • Create pressure through short signing deadlines

Do not assume the initial offer reflects your full legal entitlement.

📲 Quick Starting Point: Use the Severance Pay Calculator to estimate what Simons may owe you before you sign anything.

Potential Issues With Simons Layoff Notices

Common issues that arise in large restructuring events include:

  • Incorrect severance calculations
  • Insufficient notice periods
  • Misuse of “temporary layoff” language without contractual authority
  • Missing or unclear treatment of benefits, bonuses, or pensions
  • Short, pressured deadlines to sign
  • Ambiguous breakdowns of how the severance was determined

Any of these may indicate your package is below your full entitlement.


Common Red Flags in Simons Severance Offers

Be cautious if your offer:

  • Provides only a few weeks or months of pay despite long service
  • Fails to continue benefits for a reasonable period
  • Leaves bonuses or incentive pay out of the calculation
  • Is labelled as “restructuring” but ends your employment permanently
  • Gives a 24–72-hour deadline
  • Provides no explanation of how severance was calculated
⚠️ If you see these red flags, don’t sign until you’ve obtained advice from an employment lawyer.

Wrongful Dismissal and Simons Layoffs

A wrongful dismissal occurs when an employer fails to provide the full severance required by law.

You may have a claim if:

  • Your severance is much lower than what courts typically award
  • Your employment contract’s termination clause is unenforceable
  • Your employer pressures you into signing quickly
  • Your employer terminates you during maternity, parental, disability, or medical leave
  • Your termination is called a “temporary layoff” with no realistic recall
  • Bonuses, benefits, or other compensation are excluded from the package

Even during mass layoffs, every employee’s entitlement must be calculated individually.


What to Do After Simons Lays You Off

If you received a layoff or severance package:

  1. Do not sign anything immediately. You may waive your rights.
  2. Gather documents:
    • Employment agreements
    • Compensation plans
    • Pension/RRSP contribution records
    • Pay stubs and T4s
  3. Use the Severance Pay Calculator to get a quick estimate of what you may be owed under Canadian law.
  4. Document your role, responsibilities, and work history.
  5. Speak with an employment lawyer before signing any offer.
💡 You have up to two years to pursue a legal claim, even if your severance letter lists a much shorter deadline.

Frequently Asked Questions About Simons Layoffs

Are the Eaton Centre Layoffs Confirmed by Simons?

Not publicly. The reports are based on allegations and employee accounts. Simons stated that it cannot discuss HR matters.

How much severance can Simons employees receive?

Up to 24 months, depending on the common law factors.

Is a probationary termination exempt from severance?

Not always. Severance may still be owed unless the contract clearly limits it.

Are Simons layoffs considered temporary?

Not unless there is a valid contractual right to impose a temporary layoff.

Should I get legal advice?

Yes. Most employees discover they are owed significantly more than initially offered.


How Samfiru Tumarkin LLP Can Help With Simons Layoffs

If Simons has laid you off — or if you are concerned about your rights during the company’s ongoing transition — speak with an employment lawyer before signing anything.

Samfiru Tumarkin LLP has helped over 50,000 Canadians secure the compensation they’re owed and has earned more than 3,000 five-star reviews nationwide.

📞 Call us at 1-855-821-5900 or request a consultation online.
⚠️ Unionized? Only your union can represent you. By law, employment lawyers can’t represent unionized employees.

Part of Simons Layoffs?

Don’t sign your severance offer until you know your full rights.

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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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