In August, video game development company BioWare laid off 50 employees, including Mary Kirby, a veteran developer who had worked on every Dragon Age game. Kirby and six other laid-off developers have now filed a lawsuit against BioWare and parent company Electronic Arts (EA), claiming that the severance packages offered to them were insufficient. The lawsuit alleges that BioWare only provided two weeks of severance per year of service, lower than the industry standard of one month. It also claims that the value of health benefits was not included in the severance package. Despite EA reporting over $400 million in net income in August, the studio has reportedly refused to negotiate better severance packages.
The reason behind the mass layoffs at BioWare remains unclear, leading fans to speculate and worry about the future of the studio. The layoffs come at a time when BioWare is actively working on Dragon Age: Dreadwolf and planning Mass Effect 4. BioWare general manager Gary McKay assured that the cuts would be carried out with empathy and respect, but the lawsuit suggests otherwise. Alex Kennedy, the lawyer representing the laid-off employees, stated that BioWare has declined to negotiate better severance packages. Many employees initially planned to be part of the lawsuit but dropped out due to financial concerns, as the prospect of a legal battle could be even costlier and more time-consuming than accepting the inadequate severance packages.
The lawsuit highlights the importance of EA’s proprietary game engine Frostbite in determining the amount of severance owed to employees. Under Canadian common law, factors such as age, years of service, and job prospects are considered when calculating severance. Kennedy argues that BioWare developers, who are required to use EA’s inhouse toolset Frostbite, may have a harder time finding new employment compared to those who use third-party tool sets. The video game industry is currently experiencing a wave of layoffs, with companies like Microsoft and Ubisoft also shedding staff. The job prospects for game developers are grim, making the need for fair severance packages even more crucial.
Despite the uncertainty surrounding the lawsuit and the future of BioWare, former developer Mary Kirby expressed hope and gratitude toward those who have supported her. Kirby acknowledged that Dragon Age: Dreadwolf would be her last game with the studio, but she wished for players to enjoy it nonetheless. Both BioWare and EA have yet to respond to the lawsuit and the allegations brought forth by the laid-off employees, leaving their future resolution up in the air.
