OPINION: The rights of a displaced worker

Across the globe, a sweeping pattern of workforce reduction has emerged in recent years, as both public sector agencies and private companies restructure their operations under the banner of boosting operational efficiency, cutting overhead costs, and preserving long-term business viability and productivity. For countless workers, this trend has meant sudden unemployment through layoffs, retrenchment, or redundancy — leaving them out of work and struggling to make ends meet, even as companies frame these cuts as legitimate business decisions.

While mass layoffs have become commonplace, terminated workers hold clear legal protections when employers fail to follow established fair procedures before cutting staff. Industry best practices and legal frameworks universally require that employees facing job loss are entitled to a transparent, fair review process, adequate advance notification of termination, and eligible severance compensation where the terms of employment or local regulation mandate it.

If an employer skips required procedural steps or fails to provide the mandated notice period, workers retain the right to file a wrongful dismissal claim in civil court for breach of employment contract. Under labor and contract law, any termination without required advance notice is formally classified as a breach of contract, and the standard legal remedy for this violation is pay in lieu of notice — compensation equal to the wages an employee would have earned during the required notice period.

There are, however, limited exceptions to this rule. Employees terminated for gross misconduct, such as theft, workplace violence, or other serious violations of company policy, are not eligible for pay in lieu of notice, and immediate termination is legally justified in these cases. Similarly, workers who resign without providing the required notice, or employees still in a probationary period, forfeit their right to this compensation. Eligibility for all forms of termination pay is also bound by the specific terms outlined in an individual’s employment contract, so workers are advised to review their agreements closely after receiving termination notice.

For workers facing layoff or redundancy, additional benefits may be available depending on local labor regulations. Many jurisdictions require employers to provide severance pay for large-scale redundancies, and displaced workers are typically eligible for state unemployment benefits to bridge the gap between jobs. In cases of planned workforce reductions, some regional rules also mandate that employers offer retraining programs to help displaced workers build new skills for future roles. A small number of employers also extend existing health insurance coverage for a limited period after termination, a significant benefit for laid-off workers navigating the job market.

Above all, displaced workers are reminded to verify that all outstanding financial obligations are settled before their employment ends. This includes any unpaid accrued wages, compensation for earned but unused vacation time, and all other contractual monetary benefits tied to the role. This guidance comes from Dennis DePeiza, a Labour Relations & Employment Relations Consultant with Regional Management Services Inc.