ARE ZOOM BACKGROUNDS THE NEW JEWELLERY?

ARE ZOOM BACKGROUNDS

THE NEW JEWELLERY?

Back in the early days of the pandemic, when Zoom calls seemed like a novelty with an expiration date, I advised my clients against using cute backgrounds during meetings. A screen of the Eiffel Tower or a beach at sunset would be too cheesy, I thought, it would undercut the professionalism of whomever was speaking in front of it. With so many distractions present in our own home offices, why add yet another during a call? But now that Zoom is our new normal, I’ve changed my mind.

Why the shift in opinion? For starters, backgrounds have improved exponentially in just a few months. We now have a huge number of highquality choices that can create visual interest or emphasize the points we wish to make. Zoom offers a curated selection of backgrounds ranging from sports team logos to Alaska Airlines travel photos to animated still from the Cartoon Network. If you use a site like Unsplash, which offers thousands of beautiful stock photos for free, you can tailor your backdrop to your personality or the meeting topic.

The sheer number of Zoom meetings we must attend on a daily basis also calls for change. Zoom fatigue is very real, and keeping clients and colleagues engaged is an ongoing challenge.

Backgrounds provide a bit of color and intrigue during what can be a monotonous schedule of online calls.

I’ve begun to see backgrounds the same way I see dressing for a speech or choosing jewelry for a meeting. Your background is a chance to express yourself and create a human connection with your colleagues and associates. But, just as I would advise against wearing too-bold statement pieces in the board room, I suggest you use a little restraint.

Complement what you’re saying. Savvy users can turn backgrounds into visual statements that reinforce the energy and presence they bring to meetings. Recently, I was on a call that brought together a number of colleagues from around the world — North America, Asia, Europe — and we all used backgrounds of flowers from our native countries. Believe it or not, this wasn’t intentional! But this unplanned gesture gave us an unexpected icebreaker and reinforced the good nature and commonality of our cause.

Tell the story of who you are. It’s OK to get a little personal, especially if this isn’t your initial meeting with a new client or colleague. Why not use a photo of your alma mater’s campus in full bloom to highlight your background (especially if there’s another person on the call who attended the same school)? It would be appropriate to share a photo of a favorite landscape from your last vacation, or a favorite local view or landmark. Your backdrop can serve as insight into who you are and be a conversation starter.

Think of it as an accoutrement. Consider coordinating your background with what you’re wearing, just as you would jewelry. If you’re wearing neutral or dark clothing, a more colorful background could provide a splash of visual interest. Choose solid colors rather than patterns to avoid a too-busy look. The one mistake you want to avoid is wearing the same color as your background, which will render you into a talking, floating head. Make sure you are the main feature. A fun background is just one part of the equation when it comes to putting your best foot forward on Zoom. Without a proper setup, you won’t be the point of focus — and you could appear unprepared or unable to properly navigate technology. Great lighting is the key to a great appearance on Zoom: Adjust the light so it shines toward your face. If you can, avoid overhead lighting that can cast unflattering shadows and make you look more tired than you really are. You’ll also want to think about where shadows fall — if they appear on your left side, place a light there for added illumination.

Keep other people out of the picture. Avoid using group shots, such as photos featuring your whole family, or sports photos that include half a team. They’re far too distracting, especially when you’re presenting.

Zoom has presented a world of unique challenges and opportunities to us during this pandemic. It’s no longer a novelty but a necessity, and as our work styles adapt and change our etiquette surrounding this platform will transform, as well. When in doubt about options like Zoom backgrounds or other ways to make your calls more visually interesting, err on the side of caution.

Don’t test a new background during an important presentation — when meeting with clients and decisionmakers, especially from more traditional industries such as banking or law, the more conservative choice is often the best choice.

The rest of the time, though, Zoom backgrounds are a great way to create visual variety and interest with creative clients and existing colleagues. It’s an easy and inexpensive way to make or reinforce your point while showing a bit of your personality.

Margaret Page is a B.C.-based entrepreneur, etiquette expert and success coach who specializes in helping executives and businesses be more professional. You can learn more about Margaret and her services at margaretpage.com.

LAYOFFS & TERMINATIONS – ISSUES EMPLOYERS SHOULD CONSIDER

When is a laid-off employee entitled to severance pay? This has been one of the top questions both employers and employees are asking. Generally, if an employer lays off non-union employees due to lack of work with a right to do so in the employment contract, then termination pay under the Employments Standards Act (“ESA”) or damages for wrongful dismissal at common law may be owing. However the world has changed in such a fundamental way that we need to talk about pre COVID-19 and post COVID-19. This article will cover common severance pay questions for employers and employees.

PRE COVID-19 Absent seasonal work and the right to lay-off in a written contract, any temporary layoff is generally treated as a constructive dismissal under the common law, triggering the employer’s severance pay obligations either under the employment contract or the common law.

The ESA provided that after 13 weeks in any 20 week period, any temporary layoff would automatically become a termination. However, the Courts have held that this does NOT

prevent employees from exercising their common law rights to claim a constructive dismissal if the layoff is less than 13 weeks.

POST COVID-19 After COVID-19 started, there were mass layoffs and many workers were prepared to waive their rights and accept temporary layoffs and rely on government benefits such as the Canada Emergency Response Benefit in order to keep their jobs. Many of these workers are now being recalled back to work but some are not. If the temporary layoff was caused by COVID-19, then determining whether an employee is owed termination pay under the ESA or has a claim for severance pay and wrongful dismissal is more complicated.

Here are some things to consider: Was the employment contract impossible to perform? The important question is whether at the time of the lay-off, the employment contract was impossible to perform due to an unforeseeable event or circumstance outside of the control of the employer and the employee (such as COVID-19)? If the answer is “yes”, then the exception under section 65(1)(d) of the ESA may apply so that no termination pay is owing in this circumstance. A good example of this is if the employer had to completely shut down or significantly reduce its operations such that it simply could not continue to provide work for its employees.

If an employer simply loses business (e.g. loses a big contract) such an exempting principle would not normally apply to relieve an employer of its fundamental obligations to provide working notice of termination or pay in lieu.

The Director of Employment Standards has issued a revised Interpretation Bulletin outlining the circumstances when the exclusion would apply when the layoffs were related to COVID-19. Has your business started back up since the layoff? Different considerations might apply depending what point of the layoff you are. So for example if an employer’s business starts up but some employees are not recalled then the layoffs might constitute a wrongful dismissal or otherwise attract severance pay under the ESA after 13 – 16 – 24 weeks of lay off. Have the employees been recalled or an agreement reached? If an employer can recall or arrive at an agreement with all employees before the 16 week period arrives then it is highly unlikely that any claims by employees will be made. You can read more about the different programs available to employers in our previous blog posts here: https://www.ksw.bc.ca/ employment-labour-blog/

Is there a written employment contract with a termination clause? If an employee has to be terminated and paid severance pay, the amount will be limited by the employment contract termination provision (if there is one). How much “common law” notice or pay in lieu (severance pay) do people need to get because of the current workforce market?

Since the decision in Bardal v Globe & Mail in 1960, courts have relied on the set of factors laid out when calculating the length of the reasonable notice period to be awarded to a terminated employee that does not have a written or implied term limiting severance pay. These “Bardal factors” include the length of the employee’s service, age, character of the job they have lost, and availability of similar alternative employment. The economic downturn caused by COVID-19 will likely impact how courts calculate reasonable notice. In previous economic downturns, the courts have provided for increased notice periods, however they have explicitly stated that this factor cannot be given undue weight. At present, we do not have any legal precedent for how our courts in BC will treat the pandemic when assessing the notice period. If you are interested in an opinion regarding the amount of severance pay owing, please contact one of our team members and we would be pleased to assist you.

By: Chris Drinovz, KSW Lawyers (www.ksw.bc.ca) Note to Readers: Information regarding COVID-19 is rapidly evolving. This is not legal advice. If you are looking for legal advice or are dealing with an issue in relation to COVID-19, please contact our Employment & Labour Group at cdd@ksw.bc.ca or online: https://www. ksw.bc.ca/employment-law/