Laid off due to COVID?
How to address your layoff before time runs out

At the start of the pandemic in March 2020, and for several months after, no one knew what COVID-19 would bring. We especially could not anticipate the economic impact COVID-19 would have. In response, many employers decided to temporarily lay off thousands of employees.

Two years into the COVID-19 pandemic, many employees are still waiting to return to work. If you’re waiting on a layoff, or you know someone who is, read on to learn how to get the severance you deserve.

Two-year limitation period

When a layoff occurs there is a two-year legal limitation period during which an employee may pursue their right to severance. After the two-year limitation period, your rights may expire. Therefore, now is the crucial time to decide whether you wish to remain laid off from your job or treat the layoff as a termination and get the severance you’re owed.

What is a temporary layoff?

A temporary layoff occurs when an employer suspends an employee’s duties and pay, without the employee’s consent. Officially, the employment relationship has not ended, so the employer does not have to pay severance. With a temporary layoff, an employer can recall an employee back to work.

What can I do if I have been placed on a temporary layoff?

Suspending an employee’s pay and duties without their consent marks a significant change to the terms of their employment. An employee in this situation does not need to wait around in limbo. An employee has the right to treat this change as a termination of their employment. With the help of an employment lawyer at Samfiru Tumarkin LLP, you can make a claim for constructive dismissal and obtain your full severance. Calculate how much you may be owed by using the Severance Pay Calculator.

In most circumstances a temporary layoff is illegal,  but it could be permitted if you accept it, if you have accepted it in the past, or if your employment contract permits it.

Will you be recalled back to work?

At this point, it is unlikely that your employer will recall you back to work, especially if you have already been laid off for many months or years. Some businesses may intend to recall employees, but other businesses may have used COVID-19 as an excuse to lay off employees without severance packages. They may have hoped that those employees would find new jobs and give up their right to a severance package.

There are some signs that your employer will not be recalling you. For instance, if your employer has hired your replacement or if they’ve put a job posting for your position online, it is possible you won’t be recalled.

Obtaining severance

Since the start of the pandemic, our firm has negotiated hundreds of severance packages for employees who were placed on temporary layoffs due to COVID-19. I have personally handled many cases like this, and have obtained full compensation for my clients, which in some cases can be up to 24 months’ pay. Many clients are surprised to find out that provincial rules put in place around temporary layoffs do not actually affect your ability to obtain severance.

Time is running out – so act fast

Since it’s been two years since the start of the pandemic, many layoffs are approaching the end of the limitation period to file a legal claim for constructive dismissal. It’s critical to contact our firm as soon as possible to ensure that your claim is filed before your two-year limitation period expires. Even if you think it has already been two years since you were laid off, still do not hesitate to contact our firm immediately. We will inform you of your options, and help you get the compensation you deserve.