Lay Offs: pros, cons, and alternatives

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Having to lay off employees can be an emotionally charged decision for a small business owner; employees can become like family and letting them go is heartbreaking. Unfortunately, sometimes layoffs are necessary to prevent the company from going out of business entirely. It can be a survival strategy during tough times.  

The most common reason for a layoff is shortage of work, and typically in these situations the layoff is temporary, with the intent to recall the employee once work picks up again. However, there are times when a lay-off can be permanent – such as a restructuring of the business making a position redundant. 

Laying off an employee helps a business save money on salaries, benefits, and other associated costs, when the cashflow to support it isn’t there. However, there are costs associated with layoffs that should be taken into consideration, such as the loss of institutional knowledge that can be difficult to replace. The investments that were made into the employee being laid off (salary, benefits, training, etc.) are also costs that cannot be recovered. 

Layoff Pros and Cons

While streamlining the workforce can result in improved efficiency and productivity, it can also result in the loss of valuable employees who were critical to the company's success. 

Laying off employees based on seniority allows you to keep the employees with the most experience and shows your workforce that loyalty matters. On the other hand, your experienced workers, while reliable, may not be your most productive workers, and keeping the highest paid employees won’t significantly reduce your labour costs. Note that laying off employees who are close to retirement age because “they will retire soon anyways” is discrimination and is prohibited in Canada.

Employees who remain after layoffs may experience survivor guilt, which can negatively impact employee morale, their mental health, and job satisfaction. They may fear for their own job security and feel demotivated, becoming risk-averse and unwilling to take on new projects, stifling innovation. This can have long-term consequences for the business.

Alternatives to Layoffs

There are several alternatives to layoffs that aim to minimize the negative impact on employees and can provide more flexibility in responding to economic challenges:

Consult Employees: Involve employees in discussions about cost-saving measures and seek their input and ideas for alternatives to layoffs. They may have valuable insights into how to operate more efficiently.

Work-Sharing Program: helps prevent layoffs when there is a temporary reduction in the normal level of business activity that is beyond the control of the employer. The program requires a three-way agreement to be negotiated between the employer, employees, and Service Canada, and provides income support to employees eligible for Employment Insurance benefits who work a temporarily reduced work week while the business recovers.

Reduced Hours, Salary Reductions and Job Sharing: Instead of laying off employees, companies can reduce work hours, such as moving from a full-time to a part-time schedule. Employees whose hours are reduced may be eligible for EI. Implementing temporary salary reductions, especially for higher-paid employees and executives, can help redistribute costs throughout the organization without resorting to layoffs. Job-sharing arrangements involve two or more employees sharing responsibilities for a single position, often with reduced hours for each employee. This can help maintain staffing levels while reducing overall labour costs. 

NOTE: reducing the hours and/or rate of pay of workers could be seen as constructive dismissal due to a substantive change in the employment contract. Obtain legal advice before proceeding with these options.

Voluntary Leave Programs and Natural Attrition: Offer voluntary leave programs where employees can opt to take unpaid leave or sabbaticals voluntarily. This gives employees the choice to take time off while preserving their job security. Allow attrition through retirement or by not filling vacant positions when employees leave voluntarily.

Cross-Training and Reskilling: Invest in cross-training and reskilling programs to enhance employee versatility and adaptability. This can enable employees to take on different roles within the organization as needed.

Remote Work Options: Expand remote work opportunities, which can reduce the need for physical office space and lower associated costs, while appealing to workers outside of your immediate geographical area.

Reevaluate Benefits and Perks: Temporarily reduce or suspend non-essential employee benefits and perks to cut costs while minimizing the impact on core compensation. Be mindful of any change that could be construed as a constructive dismissal. Seek legal advice before implementing any substantial changes to an employee contract.

Negotiate with Labor Unions: If your business has unionized employees, negotiate with the union to explore alternatives to layoffs, such as temporary wage concessions or other cost-saving measures.

When considering these alternatives, it's important to keep communication transparent and empathetic with employees. The choice of alternative measures will depend on the specific circumstances and goals of the business.
 
Employers should be aware of the employment standards legislation in their province or territory, as these laws outline the minimum requirements for layoffs, notice periods, and severance pay. The specific rules can differ significantly from one jurisdiction to another, and businesses should evaluate the potential legal and regulatory implications of any workforce change. Mishandling layoffs can lead to legal disputes, damage to the company's image, and potentially hefty fines.

If you're a CFIB member with questions about lay offs, please contact our Business Advisors at 1-833-568-2342 or cfib@cfib.ca.

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