Hundreds of Twitter employees have reportedly left the company following an ultimatum from the social media giant’s new owner.
Last month, Elon Musk told staff in an email that they can either commit to a “hardcore” work environment, or resign and receive three months of severance pay.
The choice came a few weeks after Musk moved ahead with plans to lay off roughly half of Twitter’s global workforce.
READ MORE: Mass layoffs at Meta and Twitter: 3 key lessons for employees
While companies such as Twitter can issue ultimatums to non-unionized employees in Canada, the choice can’t infringe upon their workplace rights.
Here are four key rights you have if you receive an ultimatum from your employer.
1. You don’t have to accept major changes to your job
Musk’s demand requires Twitter staff to work “long hours at high intensity.” However, the company doesn’t have the right to make employees comply.
In Canada, major changes to your employment, such as longer shifts or reduced pay, are illegal.
If you refuse significant changes to your job, and management still proceeds with them, you can claim constructive dismissal. This would allow you to resign in protest and pursue full severance pay, which can be as much as 24 months’ pay.
However, you shouldn’t quit your job until you speak with an experienced employment lawyer, like the ones at Samfiru Tumarkin LLP.
My firm can determine if you have been constructively dismissed, assess your legal options and help you secure the compensation you are owed.
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In this situation, it’s important to get legal advice as soon as possible. If you wait too long to object to the changes, or continue working under the new terms of employment, it could be argued that you accepted your company’s changes.
2. Your boss can’t pressure or force you to resign
Despite offering Twitter employees three months of severance pay if they don’t want to be “hardcore”, Musk can’t force or pressure staff to quit.
Generally, non-unionized employees in Canada aren’t entitled to a severance package if they voluntarily resign.
If you quit your job and accept any form of compensation from your employer, there is likely nothing more that can be done to secure full severance pay.
READ MORE: 5 ways to determine if your severance package is fair
However, if you don’t resign when your company asks you to, and they proceed with substantial changes to your job, seek legal counsel immediately.
My firm can help you file a constructive dismissal claim and ensure you receive the money you are entitled to.
3. You can’t be fired “for cause” if you refuse major changes to your job
It’s very unlikely that Musk would be able to fire remaining Twitter staff for cause if they refused to be “hardcore” at work.
In Canada, termination for cause is reserved for the worst kinds of workplace offences, such as theft and physical assault. This type of dismissal prevents non-unionized employees from receiving a severance package or accessing employment insurance benefits.
READ MORE: Think you may lose your job? 5 quick facts about the termination process
To justify firing you for cause, your employer would have to prove progressive disciplinary measures were applied and that a less severe punishment would be inappropriate.
However, you can be fired for any reason, as long as you are provided full severance pay and the reasons for your dismissal aren’t discriminatory. This is called a termination without cause.
To figure out how much compensation you could be owed if you lose your job, use my firm’s free Severance Pay Calculator tool. If your company’s offer falls short of what is legally appropriate, you have been wrongfully dismissed and should take legal action.
Our employment lawyers regularly resolve wrongful dismissal claims and can help you secure proper severance.
4. Your employer has a duty to accommodate
While companies such as Twitter aren’t headquartered in Canada, they have to adhere to Canadian laws and employment standards legislation.
If you can’t perform your job duties due to a physical or psychological disability, religious reasons or other constraints, your employer is legally obligated to assist you. This is known as their duty to accommodate.
The goal is to ensure that you can continue to work despite your disability. This could include changing your job requirements, providing someone to help you complete your tasks, or modifying the shift itself.
READ MORE: 5 things every employee should know about long-term disability and how to get benefits
If you believe your employer hasn’t properly fulfilled their duty to accommodate, contact my firm. We can review your situation and help you enforce your workplace and human rights.
Let an employment lawyer fight for you
If you receive an ultimatum from your company, don’t accept anything until you speak with an experienced employment lawyer, like the ones at Samfiru Tumarkin LLP.
My firm has helped tens of thousands of non-unionized individuals in Ontario, Alberta and B.C. resolve their workplace issues.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Our employment lawyers will ensure that your rights are properly protected and help you secure the compensation you are entitled to.
Received an ultimatum from your boss? Feeling forced to accept major changes to your job?
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.