Fast facts about Temporary Layoffs | Employment Law Show TV – S8 E05

Episode Summary

FAST FACTS ABOUT TEMPORARY LAYOFFS, short-service employee rights, negative performance reviews, and more on Season 8 Episode 05 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need about employment law in Alberta, Ontario and British Columbia, on the only employment law show on both TV and radio in Canada.

Episode Notes

New owner of the company proposes major job changes

My company was sold and the new owner offered to keep me on. The offer however would mean a very different pay structure, schedule etc. I refused this offer and was told this was considered a resignation. Is this true?

• New owner offers pay reduction and hours: In the event a company is sold to a new owner, the new employer must offer comparable positions to employees they wish to keep on from the previous company. Employees who are offered a reduction in pay, demotion, drastic schedule changes, etc, do not have to accept the new position. Employees in these circumstances would be owed severance from their former employers.
  

Severance if unemployed due to outsourcing

My brother-in-law is losing his job after 27 years. The printing company he worked at as a forklift operator is outsourcing some of their work. Is he owed anything more than 52 weeks of severance?

• Severance entitlements: Employees are owed severance pay based on several factors, primarily their age, position and length of service. Older employees who have been employed for many years could be owed up to 24 months’ pay.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Short-service employee rights

I was let go during the first three months of my employment. I know this is considered to be the probation period. Are there any situations in which this is not permitted?

• Part-time and short-service employees: A probation period is not considered to be automatic and employees must consent to it at the start of employment. Probation periods cannot be extended or used as a means of discipline by employers. Many short-service employees could be owed several months of severance pay despite the short period of employment.

Given an employment contract with a termination clause

My friend was presented with a new contract by her employer. This new contract contains a clause limiting her severance to the ESA minimum. Does she have to sign this? And if she does, will she be held to this clause?

• Employment contract clauses: Employees should be wary of signing a new employment contract without seeking legal advice from an employment lawyer. A new employment contract is typically offered to protect an employer’s interests and infringe on an employee’s established rights. Employees are within their rights to refuse to sign a new contract.

Fast Facts about Temporary Layoffs

• Permissible for any length of time: Temporary layoffs are not permissible for any length of time unless an employee has provided prior consent. In most cases, a temporary layoff gives an employee the right to consider their employment terminated.
  
• Language addressing temporary layoffs: An employment contract can contain language that pertains to temporary layoffs. Employees should seek legal advice before agreeing to be placed on a layoff at any point.
• Accept a temporary layoff: Employees who agree to accept a layoff should note that acceptance permits an employer to implement another layoff in the future.
• A temporary layoff is a termination: A temporary layoff is considered to be a termination of employment. Employees who have been laid off are within their rights to seek their severance pay.
•  Severance packages for temporary layoffs: Severance for employees who have been terminated as a result of a temporary layoff is calculated based on an employee’s age, position and years of service. For some employees, this could mean up to 24 months of severance pay.

Negative performance reviews and refused accommodations

I was recently diagnosed with arthritis and have spoken to my boss about accommodation at work, however, he refused my requests. I have since received unusually negative criticisms about my performance. I am worried I will lose my job. What can I do?

• Providing accommodation: Employers must accommodate an employee’s medical condition if provided with a doctor’s note. The doctor’s note does not have to contain a diagnosis but should stipulate restrictions. A refusal to accommodate can be considered a human rights violation.
  

Let go after being recruited by another company

A year ago I was approached with an offer by a major competitor of the company I worked for at the time. I took the position but now there are indications I might be let go. If terminated, would my severance or payout take into consideration the 12 years spent with my previous employer?

• Recruited by another employer: Employees who are recruited from a secure position would be owed enhanced severance pay if let go from their new company shortly after starting a new position. The severance entitlements must take into consideration the previous years of service at the old company. Employees should look closely at the terms of their employment contract and negotiate terms to protect their entitlements.

Rapid Fire Can my employer…?

• Complaints of bullying and harassment: Employers cannot ignore complaints of bullying and harassment in the workplace brought forth by employees. This is considered illegal and can result in serious legal consequences.
• Make me retire: Most provinces across Canada no longer have a mandatory retirement age. Employers cannot pressure or force an employee to retire or resign from employment.
• Swap my job: Employers cannot impose major changes to an employee’s position. Employers can implement changes to an employee’s position if they are minor.
• Working in the office after working remotely: Generally, an employer can request an employee return to the office if remote work is a temporary arrangement. Employees who refuse to return to their offices can be considered to have abandoned their jobs.
• Lower my pay or hours: Employers cannot reduce pay or hours as a disciplinary measure. This can result in constructive dismissal.
• Fire me for comments made on social media: Employers can terminate employees without cause for any reason as long as adequate severance pay is offered.

NEXT EPISODE: Employment Law Show S8 E06 – What you need to know about Employment Contracts

PREVIOUS EPISODE: Employment Law Show S8 E04 – 5 Key questions about Constructive Dismissal