X, formally Twitter, accused of age discrimination during November layoffs

X, the social media platform formally known as Twitter, could face a class-action lawsuit that accuses the company of disproportionately laying off older workers when Elon Musk took the reins last year.

According to Reuters, a federal judge in California refused to dismiss the class action — claiming that the lead plaintiff had provided sufficient evidence.

One of the claims brought forward to U.S. District Judge Susan Illston was that X cut “60 per cent of workers who were 50 or older and nearly three-quarters of those who were over 60, compared with 54 per cent of employees younger than 50.”

While Illston rejected the claim that the social media company intentionally targeted older workers, the lead plaintiff was granted a month to file an amended lawsuit.

The legal action is one of roughly a dozen that X is navigating after Musk eliminated approximately half of Twitter’s workforce last November.

Another class-action lawsuit claims that the company owes former employees at least $500 million in severance pay.

SEE ALSO
• Twitter staff receive severance offers two months after mass layoffs
• Report: Top Twitter executives fired ‘for cause’ to avoid severance payouts
• Elon Musk to Twitter staff: Be ‘extremely hardcore’ or quit

While the majority of these legal battles are taking place in the U.S., it’s important for non-unionized employees in Canada to understand their workplace rights.

Can my employer fire me because of my age?

In Canada, employers can fire non-unionized workers for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

However, since age is a protected aspect under provincial and federal human rights legislation, it would be discriminatory for a company to fire an individual for age-related reasons — making the termination illegal.

WATCH: Employment lawyer Lior Samfiru explains the rights that older employees in Canada have on an episode of the Employment Law Show.

Fired “for cause”?

It would also be illegal for your boss to fire you for cause because of your age — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the “capital punishment” of employment law, it’s reserved for the worst kinds of workplace transgressions, such as serious insubordination, theft, or assault.

Not only does the company have to prove progressive disciplinary measures were applied, but that a lesser penalty wouldn’t be acceptable, which is very hard to do.

LEARN MORE
• Twitter Canada Layoffs and Severance Pay
• Employment Law Show: Facts about the termination process

How is severance pay calculated?

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

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

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

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

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance packages in mass layoffs
• Severance pay in a recession
• Employment Law Show: You’re still owed severance if…

What should I do if I experience harassment or discrimination at work?

If you experience harassment or discrimination from a co-worker or supervisor, report the incident to the appropriate individual at the company — as per your employer’s policy (i.e. human resources).

Non-unionized employees in Canada have a right to work in an harassment-free environment.

Your company has a duty to investigate and respond appropriately to allegations of harassment and discrimination in the workplace.

SEE ALSO 
• Disability in the workplace: Your rights
• Duty to accommodate: Employee rights
• Employment Law Show: Duty to accommodate in Canada

What should I do if my boss is harassing or discriminating against me?

If your employer is creating, or allows for the creation of, a hostile or toxic work environment, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you were constructively dismissed, assess your legal options, and help you secure the compensation that you are owed.

LEARN MORE
• Employment Law Show: What to know about workplace harassment
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Mistakes employers make

Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint if you experience harassment or discrimination at work.

The Human Rights Tribunal of Ontario, Alberta Human Rights Commission, and B.C. Human Rights Tribunal, are examples of organizations that are responsible for dealing with complaints pertaining to their province’s human rights legislation.

Successful human rights complaints can result in compensation for the affected individual.

SEE ALSO
• Recruiter awarded $50K, lost wages after sexual harassment by HR manager
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal
• Alberta admin assistant awarded nearly $40K in discrimination case

Can my boss punish me for reporting harassment or discrimination at work?

Employers in Canada can’t punish or threaten to punish non-unionized workers for asserting their workplace rights.

• Example: Your manager constantly insults you because of your age. You inform your employer that you are being harassed by a member of the management team. The company can’t make major changes to your job as punishment, including cutting your pay or increasing your workload. These types of modifications are illegal.

If your boss disciplines you or threatens to discipline you for asserting your rights, that is a reprisal and you should contact our firm immediately.

ADDITIONAL RESOURCES
• Job changes in Ontario: Employee rights
• Can my employer make changes to my job in Alberta?
• Changes to your employment in B.C.: Your rights

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, 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 your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.