What managers should do to protect themselves from Bell Canada–style layoffs

You can dramatically change your legal and financial outcome before the layoffs hit — if you act early, before you are targeted

In Canadian workplaces — especially federally regulated ones like Bell — managers are the easiest employees to terminate, writes Howard Levitt.
In Canadian workplaces — especially federally regulated ones like Bell — managers are the easiest employees to terminate, writes Howard Levitt. Photo by Sean Kilpatrick/The Canadian Press files

Mass layoffs don't begin with a memo. They begin with silence. Fewer meetings. Reshuffled portfolios. A reorganization "review." By the time the official announcement arrives, most employees are already on the wrong side of the decision.

But here is the part many Canadians still don't understand: you can dramatically change your legal and financial outcome before the layoffs hit — if you act early, before you are targeted.

Here's what every employee, especially managers, should be doing right now — and what the 700 newly-laid-off Bell Canada managers may be wishing they had done.

When companies restructure, job duties shift rapidly. Suddenly you're doing more with less — or doing the job of two people who were cut last quarter.

Every change matters legally.

Keep a private, running record of:

  • new duties added
  • responsibilities removed
  • reporting structure changes
  • changes to hours or workload
  • any promises made verbally
  • any compensation changes, however small

Why? Because constructive dismissal cases are won or lost on evidence. And you cannot rely on your memory, especially years later.

If your job is altered substantially before or during restructuring, this documentation becomes invaluable.

This isn't career advice — it's leverage.

Employees who are prepared to walk away before the axe falls will have more negotiating power, as they will act more rationally.

Employees who panic after termination have little negotiating power because their anxiety will lead to blunders — such as taking the first offer made to them, or believing disingenuous assurances meant to obtain their sign-on.

A polished resume and public-facing profile protect you in two ways:

  • You can move quickly if you choose to leave.
  • You are market-ready, which increases your confidence in severance negotiations.

The biggest mistake employees make during layoffs is believing the package presented in the termination meeting is the final word.

It is not. It is a starting point.

In most cases, especially for long-service or managerial employees, the true common-law entitlement is dramatically higher.

Never sign immediately. Never sign under pressure. Never sign in the room.

The law gives you time. Use it.

Employers rarely announce that they are downgrading your role. They do it by erosion:

  • Your team disappears.
  • Your budget evaporates.
  • You begin reporting to someone a rung below you.
  • Your duties shift from strategic to administrative.
  • Your title remains the same. Your job does not.

If your role is materially changed, you may already have a claim, even while still employed.

Many employees lose months of potential compensation by tolerating major changes without raising them as a concern.

Do not wait until the termination letter arrives to seek advice.

Employees panic when the layoff is happening.

Professionals plan for it in advance.

Your plan should include:

  • A private consultation with an employment lawyer (confidential, often brief, occasionally career-changing).
  • A clear understanding of your severance range.
  • Knowing your rights if duties shift or compensation changes.
  • Having your documents — offer letter, promotions, bonuses — organized and accessible.

When layoffs begin, employees who understand their rights make confident decisions.

Those who do not end up signing whatever is put in front of them.

In Canadian workplaces — especially federally regulated ones like Bell — managers are the easiest employees to terminate. That reality will not change soon.

What you can change is how prepared you are.

If you wait for human resources to summon you to a "quick meeting," your options narrow dramatically.

If you prepare now, you control your leverage, your strategy and your financial future.

The companies have already adapted to this new environment.

Employees must do the same — before the next round of layoffs begins.

Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in Ontario and Alberta, and British Columbia. He practices employment law in eight provinces and is the author of six books, including the Law of Dismissal in Canada.