In recent weeks, we have been systematically hearing about further layoffs in leading companies in our industry. BioWare fired 50 employees last month and some people decided to sue the company responsible for franchises such as Dragon Age and Mass Effect.
Seven developers have filed a lawsuit with Alberta’s King’s Bench because they believe BioWare has understated the severance pay developers received after last month’s layoffs. Employees had been developing games in an experienced studio for an average of 14 years and, in their opinion, they received “a much smaller amount” and although some of them tried to negotiate severance pay with the company, BioWare refused.
The studio fired developers due to BioWare’s “changing needs,” but according to Worobec Law, which represents the group, in most cases, termination of employment without cause in Alberta involves paying at least one month of severance pay for each year of service at the company and ” the full value of all benefits.”
The developers’ problem is, among other things, the NDA signed by employees while still part of BioWare – now those interested cannot present their latest work on Dragon Age 4 to encourage potential employers.
In light of numerous recent layoffs in the industry and the fact that BioWare’s NDAs prevent us from featuring any of our recent work on Dragon Age: Dreadwolf in our portfolios, we are very concerned about the difficulty many of us will have in finding work as the holiday season approaches .
R. Alex Kennedy, who represents the employees, suggests that BioWare may have concluded illegal contracts with developers.
There are many situations where employers include termination provisions that are not enforced by the courts, and I think we see that in this case as well. BioWare has attempted to reduce its obligations to these employees well below what courts typically award, including by eliminating notice pay benefits – which appears to be in violation of the Employment Standards Code. These people are artists and creators who have worked very hard and for a very long time in a difficult industry, generating large profits for their employer. Their mass dismissal without giving a reason requires a response. Employers here can fire anyone at any time without giving a reason, but with this law comes responsibility towards the people they put in this situation.
Source: Gamesindustry.biz