Employers cannot explain how the software works, how it calculates “performance” or whether it captures context.
That lack of transparency creates a litigation gift for employees.
Never in history have employees documented their working lives so thoroughly. Remote workers save emails, Slack messages, Zoom captions, screenshots and task logs.
Most constructive dismissal and wrongful termination disputes come down to whose version of events a judge believes. Remote employees now arrive in court with a digital archive. Employers often arrive with… nothing.
Courts want proof. Employees provide it. Employers do not. The result is predictable.
Employers are firing remote workers without warning, without progressive discipline and without contemporaneous records.
In the office, managers naturally document conversations. Remotely, they often forget. Out of sight is too often out of mind.
Instead of structured performance management, they send vague emails and then terminate for cause — a strategy which never survives judicial scrutiny.
If employers cannot prove that they coached, warned or even spoke to the employee, the court treats the termination as without cause — and awards lengthy notice, plus additional damages for asserting cause in bad faith.
Canadian courts quietly apply a “reasonableness lens” in employment matters.
Remote workers often appear more reasonable because they are:
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