Earlier this month, Rogers experienced a major service outage that affected wireless, cable and internet customers across the country. Other wireless carriers owned by Rogers, such as Fido and Chatr, were also impacted, along with emergency services and travel and financial networks.
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The outage affected some parts of the country for a few days, leading a number of employees working remotely to worry that future disruptions from Rogers, Bell, Telus and other service providers could cost them their jobs, since they rely on phone and internet connections to fulfil their responsibilities.
My employment law team has received a number of questions from workers who are concerned about how network outages can affect them. Here’s what to know about connectivity issues when working remotely.
Can I be fired if I cannot work because my internet or phone service is down?
Your employer can fire you if you are unable to work because your network is down —even if the issue is beyond your control, and you have exhausted all other viable options. This is called a termination without cause.
Employees can be let go for any reason, as long as they are provided full severance pay and the reasons for their termination are not discriminatory.
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What your employer cannot do in this situation is dismiss you for just cause, which would mean no severance package or access to employment insurance (EI) benefits. To justify firing you for cause, the company would have to prove progressive disciplinary measures were applied and that a less severe punishment would be insufficient.
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This type of termination is reserved for the worst kinds of workplace offences, such as theft or insubordination.
If I am let go, how can I determine how much severance pay I am owed?
A proper severance package can include as much as 24 months’ pay. The total amount depends on a number of factors, including your age, position and time with the company. My firm’s online Pocket Employment Lawyer tool can help you figure out what you may be owed.
Severance is compensation that your employer is legally required to give you when they end the working relationship. An employment lawyer can help you determine if you have received the proper amount of severance pay. If it falls short of what is appropriate, you have been wrongfully dismissed and should file a claim for compensation.
READ MORE: Law firm’s tool helps employees figure out how much severance they’re owed if fired
Do I need to make up for missed time if I experience connection issues while working remotely?
Hourly employees do not need to make up the time that you were unable to connect to the company’s network — but your employer doesn’t have to pay you for that period.
If you are a salaried employee who is expected to work eight hours a day, it is your responsibility to make up for the time lost while disconnected.
READ MORE: Think you may lose your job? 5 quick facts about the termination process
Can I be penalized for missing work because of a connection issue?
Shortly after the recent Rogers outage, I was contacted by some individuals working remotely who were punished because they missed meetings or could not complete projects. Penalties ranged from a loss of duties and pay to a demotion, and in one case an unpaid suspension.
Your employer cannot make significant changes to your job because connection issues are preventing you from fulfilling specific duties. Any major changes to your employment without your consent can be treated as a termination of your relationship with the company. An employment lawyer at my firm can pursue a constructive dismissal claim to ensure you receive a proper severance package.
What should I do if I am experiencing workplace issues following the recent Rogers outage?
The first thing you need to do is speak with an employment lawyer to review your workplace rights and entitlements.
If you are a non-unionized employee who has been affected by the outage or fired because you could not connect to your company’s network remotely, contact the team at Samfiru Tumarkin LLP immediately.
Were you fired while working remotely during the COVID-19 pandemic or after the recent Rogers service outage? Did your employer fail to provide a severance package?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta or British Columbia. 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 free advice as the host of Canada’s only Employment Law Show on TV and radio.