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Fortis is a Canadian diversified electric utility holding company based in St. John’s, Newfoundland and Labrador.
Have you been recently dismissed or let go from your employment with Fortis?
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The following are frequently asked questions by Fortis employees facing termination:
Can Fortis terminate my employment without cause?
For non-unionized employees, an employer has a right to terminate the employment relationship on a without-cause basis and for any reason, so long as the employer is not terminating for reasons or in circumstances that are prohibited by legislation.
Is the severance package being offered by Fortis in accordance with your legal entitlements?
Separate from the above, you will want to verify that Fortis has provided a severance package commensurate with your legal entitlements. Whether the severance package is fair from a legal perspective will generally depend on a number of considerations, including: the character of your employment, length of service, your age at termination, the availability of comparable jobs in the labour market, your contract of employment, and whether you were induced to leave secure employment.
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What about my LTIP/STIP/options, RSUs or other equity?
If you have been provided with a severance package, carefully review it and determine what happens to your current fiscal year bonus. Are you receiving incentive compensation for the period of the fiscal year that you actively worked? Further, has Fortis properly taken short-term and long-term incentive compensation into consideration in evaluating your severance?
It is common for companies to cancel outstanding and unvested equity compensation upon termination. However, if that occurs, Fortis may be required to compensate you for the loss of unvested equity compensation, whether or not you are actively employed on the vesting date.
Fortis is stating that the reason for termination is due to downsizing/restructuring, but I feel that I was singled out. What are my rights?
An employer may state that the reason for a layoff is ‘downsizing’ or ‘restructuring’, but if you believe this to be false, you may be entitled to compensation. If Fortis is not acting in good faith, fairly or transparently in the manner of dismissal, you may have additional compensatory relief. It is prudent to speak to an employment law expert to find out what remedies and options are available.
Fortis says it has just cause for my dismissal? Do I have any recourse?
Even if Fortis is asserting “just cause” for dismissal, from a legal perspective, the Company may not have true just cause for dismissal. Cause for dismissal is generally considered the capital punishment of employment law and is reserved only for very serious cases of wrongdoing or neglect of duty.
Most instances of poor performance or employee misconduct do not rise to the level of “cause-worthy” conduct within the meaning of the Employment Standards Act, 2000 or the common law.
Should I sign a release provided by Fortis?
I am a unionized employee, what are my rights?
If you are a member of a bargaining unit, you should speak with your union representative about your rights under the applicable collective agreement. Typically, a collective agreement will contain provisions pertaining to layoffs, bumping and seniority rights and may also include provisions pertaining to your termination entitlements. In the context of downsizing or layoffs, an employer may be required to follow a “first in, last out” protocol. The amount of termination pay and severance pay to which unionized employees are entitled will be governed by the Ontario Employment Standards Act, 2000, unless the collective agreement provides for a greater right or benefit.
If your employer does not comply with collective agreement or statutory requirements, the Union may file a grievance on your behalf.
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Speak to one of our Toronto employment lawyers to find out if your case qualifies as a wrongful dismissal, whether the severance package is fair and whether you may be entitled to additional compensation. Contact us today.
Disclaimer: The materials above are for general information purposes only. This is not legal advice. This is not specific to any one company. This does not suggest any improper conduct on the part of a specific employer.