First off, so sorry that this happened to you. Whether you expected it or not, getting laid off or fired can be a shock to the system. It can have devastating effects on your mental health and self-esteem.

But, as they say, it can happen to the best of us. So, please try not to beat yourself up.

Laid off, terminated, or fired. What’s the difference?

In Manitoba, a layoff is a temporary break in employment where employees are likely to return to work. Employers do not need to provide notice to employees that they are being laid off. However, if the layoff is longer than eight weeks in a 16-week period, the layoff becomes a termination and notice is required. A Notice of Termination is the period of time an employee or an employer is required to give the other before ending employment. Employees continue to work their regular hours and perform their regular duties at the same rate of pay during the notice period.

The reason for a layoff or termination can be due to economic conditions, restructuring, cost-cutting, downsizing, a merger or acquisition, and others. All of these are beyond the control of the employee. When it involves reasons that are within the control of the employee (also called ‘just cause’), such as performance, breach of contract, or misconduct, it is called firing or being let go. When an employer can prove just cause, they don’t need to provide a notice of termination.

When employers are required to provide a notice of termination, the amount of notice depends on how long the employee has worked for the same employer. For example, an employee who has worked for the company for at least 30 days should be given a notice period of one week, while someone who has been there for 10 years is given eight weeks. Employers can allow the employee to work out the notice period, or pay wages in lieu of the notice for the same number of weeks, or a combination of both. Exceptions to this rule are fixed term contract employees, a probationary employee (30 days or less), and those in the construction industry.

What is ‘just cause’?

Just cause refers to conduct that is of such a serious nature or extent that it essentially breaks the employment relationship. Insubordination, harassment, theft, or incompetence are just some examples of just cause. Manitoba’s Employment Standards investigates complaints to determine if the employer had just cause for the termination.

It is important to note that in Manitoba, employers can terminate non-unionized employees without cause. Under Manitoba’s Employment Standards Code, employers can dismiss employees without any reason as long as they provide proper notice of termination, or pay wages in lieu of notice, or offer a combination of both. Unionized employees, on the other hand, may follow a collective agreement. A collective agreement is a written contract between the employer and a union that outlines many of the terms and conditions of employment for employees in a bargaining unit.

What if it’s a wrongful termination?

If you were let go for using your rights under the Employment Standards Code, or if the reason for your termination violates your human rights, it might be considered a wrongful termination. In this situation, your best recourse is to get legal help. An employment lawyer can give you advice and explain your options.

Several agencies in Manitoba may be able to help you look for legal services for free or at a minimal cost. Read Do you need legal help? for links to these agencies.

5 steps to take after being laid off or fired:

1. Stay calm and be clear about the conditions for your termination

   During the termination meeting, your boss or an HR personnel will explain why you’re being laid-off or fired, and the conditions for your termination. They will tell you the period or date when it becomes effective. They may also tell you about your pay in lieu of notice. The employer should adequately pay you for the loss of employment. Pay in lieu considers your salary, years of service, and can include monetization of benefits (like vacation leaves or pension).

   You should be given time to read the termination letter and evaluate it. If letter does not seem clear, or if the employer did not follow the required notice and pay in lieu as stated in the Employment Standards code, you can ask for a meeting to get clear answers. If the issue is not resolved with your employer, you can contact Employment Standards and file a complaint. You can always consult an employment lawyer if you need more help.

2. Get your papers in order

   If you were not given an official notice, ask for it. You will need this to apply for government benefits, like Employment Insurance (EI). For EI application, you will need your dates of employment, and the reason for separation. Also, you may need your termination papers in case you need to prove to a prospective employer that you were laid off, not fired (if that’s the case).

3. Take a step back

   This situation is never easy, so take time to sort yourself out. Process your feelings before doing anything drastic, like confronting your boss or sharing your experience on social media. If you intend to work within the same field in the future, it may not be in your best interest to burn bridges this way. Stay professional.

4. Get support

   Talk to your family and friends. You will need their understanding and support during this time. Some employers may offer assistance like counselling or job search supports. Take advantage of these to get additional advice, as well as job leads. If it’s possible, take this opportunity to ask for references while you’re still there. Ask your immediate boss, or manager, and other senior personnel you have worked with to be your reference.

   If the situation is a wrongful termination, get a good employment lawyer. You can also ask the help of the Manitoba Human Rights Commission if it involves discrimination of any kind. Call to inquire, or file a complaint.

5. Plan for your next steps

   Before starting to job hunt, make sure that you’re mentally and physically ready to get back to the grind. Take this moment to do a self-assessment. Take stock of your skills, education, strengths, achievements, and values, and look for opportunities for growth. Having a firm grasp of who you are, what you can offer, and where you want to go is a fantastic way to start career planning. This will also help you with updating your resume and your LinkedIn profile.

Remember that tough times don’t last but tough people do. This might just be the opportunity for something better to come your way. Hang in there.

 
Sources: Employment Standards, Manitoba.ca; What to do if you get laid off, Canada Life; Wrongful dismissal 101, Wolsely Law LLP; and 5 tips to help you navigate layoffs, Indeed Career Tips. Accessed August 23, 2024.