It is likely the result of remote workplaces changing the relationships between employees and employers

While many employees are in a merry spirit this time of year, sashaying from one holiday party to the next, others have been caught blindsided by end-of-year terminations.

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In the last fortnight, large institutions like the CBC, TD Bank, Spotify and Yahoo have all announced significant cuts to their respective workforces being rolled out in late November and early December. Thousands of Canadian employees have already been affected.

While every employment lawyer has handled pre-holiday terminations, they aren’t common or well regarded.

For example, in 2018 the Superior Court of Justice awarded $20,000 in aggravated damages to Wendy Horner who was terminated on Dec. 22, 2016 by her employer after she filed a complaint of harassment against a coworker. Horner complained this employee deliberately elbowed her, was intentionally rude and “routinely belittled her.”

After reporting the issue to the owner, Horner was told to take the next day off and that they would figure “this out in the new year.” Instead, she received a termination letter six days later.

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The court found the manner of termination was beyond “cold and brusque; it was cowardly.”

The timing of terminations matters. Horner received additional damages, in part, for the holiday firing.

Terminations prior to the holiday season leave employees with little opportunity to reemploy quickly or seek a letter of reference to help them look for new work.

The holidays are often incredibly important for one’s career progression. It is the one time of year employees actively network with clients and colleagues at events, lunches and gatherings. A termination can be very isolating, leaving most employees wanting to avoid such events, even further limiting their prospects to reemploy quickly.

Employees who are terminated before the holidays have little opportunity to seek improvements to their termination offers in December and can be exasperated with the wait until January to receive feedback or clarifications. Employers that must engage in terminations before the holidays should be careful to ensure the continuation of all pay and benefits through the holidays, so that terminated employees don’t face unneeded interruptions during the end of the year.

The best advice for an employee is to give yourself time to get advice and not rush to accept a package before ringing in the new year. It is best to get a sense of your entitlements, a review of your employment agreement (if you have one) and a sense of how long it will take for you to reemploy before signing a termination offer.

As to the question of why late in the year terminations are spiking, it is likely the result of remote workplaces changing our working relationships. Remote workplaces do not allow employees to develop the same sense of loyalty and rapport with management personnel. Terminations do not feel as personal for employers in these cases.

Zoom termination meetings have replaced the boardroom meeting. There is no office or cubicle to pack up. There are no goodbye lunches or cards wishing well. Remote work certainly has its perks and freedoms, but it has chipped away at the employer-employee relationship since its inception.

I would bet that many of the thousands of employees terminated in recent weeks worked in hybrid or remote roles. It is unfortunate but perhaps true that it is easier to terminate an employee who will not darken your door the next day.

Loyalty and fidelity between an employer and employee was sacrosanct and a basic tenet of employment law in this country. We can only hope it doesn’t slip away from us so easily.

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QOSHE - CHAUDHRI: Why have holiday terminations become the norm? - Sunira Chaudhri
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CHAUDHRI: Why have holiday terminations become the norm?

9 1
09.12.2023

It is likely the result of remote workplaces changing the relationships between employees and employers

While many employees are in a merry spirit this time of year, sashaying from one holiday party to the next, others have been caught blindsided by end-of-year terminations.

Subscribe now to read the latest news in your city and across Canada.

Subscribe now to read the latest news in your city and across Canada.

Create an account or sign in to continue with your reading experience.

Don't have an account? Create Account

In the last fortnight, large institutions like the CBC, TD Bank, Spotify and Yahoo have all announced significant cuts to their respective workforces being rolled out in late November and early December. Thousands of Canadian employees have already been affected.

While every employment lawyer has handled pre-holiday terminations, they aren’t common or well regarded.

For example, in 2018 the Superior Court of Justice awarded $20,000 in aggravated damages to Wendy Horner who was terminated on Dec. 22, 2016 by her employer after she filed a complaint of harassment against a coworker. Horner complained this employee deliberately elbowed her, was intentionally rude and........

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