As part of a major restructuring, Rogers Communications is looking to significantly scale back its staffing levels—offering voluntary buyouts to thousands of employees.
The bombshell announcement comes just months after the Canadian telecommunications giant trimmed its in-house IT support team.
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In Canada, it’s not uncommon for employers to offer voluntary buyouts. However, many individuals don’t fully understand their severance entitlements — putting them at risk of forfeiting the compensation they’re owed.
Here are three key severance rights that non-unionized workers need to know in this situation.
1. You don’t have to accept a severance offer immediately
Contrary to popular belief, Canadians aren’t legally obligated to sign their employer’s severance offer on the spot or a few days after it was provided to them.
Severance can be as much as 24 months’ pay. If you’ve received a voluntary buyout offer from your boss, don’t accept anything until you’ve double-checked your severance entitlements and sought legal advice.
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2. You can’t be punished for refusing a voluntary buyout offer
No matter how upset your employer is that you didn’t want to participate in a voluntary buyout program, they can’t punish you for doing so—such as making substantial changes to your job.
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If major modifications are made to your employment without your consent, remain calm. There’s a very good chance that you have grounds for a constructive dismissal claim, which would allow you to resign and still pursue full severance pay.
However, you shouldn’t do anything drastic before a legal professional confirms that you’ve been constructively dismissed.
3. Rejecting a voluntary buyout offer doesn’t justify a termination ‘for cause’
In my decades-long career, there’s been no shortage of cases where employers have tried to justify letting my clients go without a severance package.
If you’re fired for cause after turning down a voluntary buyout offer, or for any reason, it’s extremely unlikely that you meet the conditions necessary for what’s considered the “capital punishment” of employment law.
That’s why you should contact Samfiru Tumarkin LLP. We have a proven track record of successfully resolving various workplace issues, including wrongful dismissals.
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A chilling case that my team and I will never forget involved an office manager in Ottawa who was fired for cause just three days after rejecting a voluntary buyout offer from her employer.
The individual received a phone call from her boss—informing her that she was being let go without severance pay due to a “staggering decline” in her job performance.
Confident that her dismissal was actually retaliation for refusing to participate in the company’s voluntary buyout program, the office manager calmly cleared her desk after hanging up. As soon as she got home, she contacted Samfiru Tumarkin LLP.
Just minutes into her consultation, we confirmed that the office manager had been wrongfully dismissed—entitling her to full severance pay.
Following a brief phone call with her employer, we were able to secure every cent of compensation that our client was owed without getting the courts involved.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
Received a severance offer? Boss pressuring you to sign it immediately?
Contact Samfiru Tumarkin LLP or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.
