Spanish YouTuber suing Google, alleges wrongful dismissal

A YouTube content creator is suing Google Spain — alleging that he was wrongfully dismissed by the tech giant.

According to news outlets, including Reuters, the lawsuit is seeking to establish an employment relationship between “Jota” and YouTube, which is owned by Google’s parent company, Alphabet.

The creator of political satire content on the video-sharing platform, whose real name hasn’t been disclosed, claims he should be considered an employee because he regularly provided his services and received compensation via advertising revenue.

In August, Google Spain blocked his YouTube channel from earning ad revenue.

“We consider this to be a severance of the employment relationship,” Jota’s legal team told Reuters.

They have called for the court to classify the YouTuber’s “dismissal” as “wrongful.”

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Google Spain’s response

In an emailed statement, Google Spain told Reuters that content creators aren’t YouTube employees — adding that Jota’s channel didn’t comply with the platform’s monetization policies.

“We are deeply committed to the success of creators, which is why we share the majority of revenues with them. We gather a lot of feedback when we meet with hundreds of creators each year,” the statement reads.

“However, contrary to what is claimed, they are not employees of YouTube according to the nature of the relationship.”

Has a hearing been scheduled?

A hearing is scheduled to take place in a Madrid court on June 26, 2024.

While this matter affects an individual in Spain, it’s important for non-unionized employees in Canada to understand their rights if they find themselves in a similar situation.

Wrongful dismissal in Canada

A common misconception is that the term “wrongful dismissal” means an employer’s reason for firing a non-unionized worker was wrong or illegal.

In Canada, a wrongful dismissal occurs when an employee doesn’t receive proper severance pay when they are fired or let go.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about wrongful dismissals on an episode of the Employment Law Show.

An experienced employment lawyer at Samfiru Tumarkin LLP can determine if you received the correct amount and help you secure the compensation you deserve if you didn’t.

ADDITIONAL RESOURCES
• Wrongful dismissal in Ontario: Your rights
• What to know about wrongful dismissals in Alberta
• Wrongful dismissal in B.C.: What employees need to know

How is severance pay calculated in Canada?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

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

However, there are some situations where non-unionized workers could be owed more than 24 months of severance pay.

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your employer’s severance offer is less than the calculated amount, reach out to our firm immediately.

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• Severance pay for provincially regulated employees
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My employer is pressuring me to sign my severance offer immediately, what should I do?

In Canada, it’s not uncommon for employers to pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive an offer from your boss, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

The company can’t legally force you to accept it before leaving a termination meeting or even a few days after it was provided to you.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

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

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• I already accepted a severance package, what should I do?
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My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. If you are fired without cause in Canada, your employer must provide you the minimum amount of severance pay that you are owed under provincial or federal employment standards legislation.

If your boss refuses to provide you any severance because you turned down their offer or tried to negotiate more compensation, it’s very likely that you have grounds for a wrongful dismissal claim.

ADDITIONAL RESOURCES
• Should I negotiate my own severance package in Ontario?
• What Albertans need to know about negotiating severance packages
• Negotiating severance in B.C.: What employees need to know

Received a severance offer? Speak with an employment lawyer

Before accepting any severance offer from your employer, 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 the agreement and ensure that you receive the compensation you are legally entitled to.