How to avoid being fired during a pandemic

Lawyers and executives at Canadian companies shared tips on how to protect their employment rights during the coronavirus crisis.

After a wave of dismissals in Canada due to allegations of quarantine violations, as well as the resignation of politicians, Canadian lawyers decided to comment on the situation. In particular, they told you how to protect your rights in a situation where your employer makes a claim against you for violating certain prohibitions.

According to Fatima Kader, a lawyer for human rights, work and employment, the main circumstance that can protect employees from arbitrary treatment is unionization. According to her, unionized employees have more protection against dismissal. However, she said that in any case, an employee cannot be fired without severance pay.

Regardless of the reason your employer decides to fire you, especially now, during a coronary crisis, they have a duty to give you advance notice. This period, according to Ms. Kader, varies depending on the type of job and how long the employee has been in the position. However, he can compensate for this period financially, by arrangement.

Such a point is not possible for union members. They can only be dismissed for just cause.

Reputational risks may be one such reason.

"If your actions have the potential to put the company in a bad position, especially during a quarantine designed to mitigate a pandemic, you could face termination, which would be really justified," says the lawyer.

However, it is worth noting a very important point: such a violation can be a valid reason for dismissal only if your person is fully associated with the face of the company.

This is confirmed by the co-founder of Samfiru Tumarkin LLP, Lyon Samfiru:

"If your name is identified with your employer, what you do — even on your own time — can affect your employer, can embarrass them, can lead to losses," he explained.

What if you have not been warned? That is, your line manager did not give you a directive to stop you from travelling or to be responsible for other similar actions, then he or she cannot fire you. It is worth noting that it may not only be a directive from your employer, but also from the government or health authorities.