What are GoodLife fitness instructors owed if let go?

Interview Summary

GoodLife Fitness has recently decided to lay off hundreds of fitness instructors as a result of the pandemic through e-mail correspondence. The round of layoffs and the manner in which they were conducted has raised questions about the instructor’s rights and what they are owed upon termination.

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins CTV News Ottawa to discuss employees’ rights to severance and whether or not those rights can be extinguished.

Interview Notes

Can employers withhold severance from employees or consider them to have resigned if they did not respond to a termination email?

It is considered best practice for employers to conduct termination meetings with employees either in person or virtually and if possible not through e-mail correspondence. Employees cannot be forced to resign or considered to have resigned if certain terms were not met. Employees in this type of situation would be owed severance as they have been terminated.

What are instructors owed if fired, particularly those who have tenure?

Severance for long-service employees could be up to 24 months of severance pay. It is important for employees to remember that severance is based on a number of factors including the age of an employee, the length of service and their position. Other factors could also significantly affect severance payments, such as the ability to find future employment.

What should terminated employees do next, and can they pursue legal action?

Employees in any situation who have been terminated should speak to an employment lawyer to determine their next steps and what they can pursue in terms of their rights. Employees who are being offered comparable employment might have an opportunity to salvage the situation.