Can my employer put me on another temporary layoff due to COVID-19?

Temporary Layoffs during the second wave of COVID-19

If you were placed on a temporary layoff in response to COVID-19 in 2020, and were returned to your job, your employer may have the right to put you on another temporary layoff during another wave of the pandemic.

Generally speaking, it is illegal for an employer to put an employee on a temporary layoff. A layoff, or halt in work and pay, is a massive change to the terms of an individual’s employment. An employee can view the employer’s actions as a termination of their employment through a constructive dismissal. The worker would be entitled to full severance pay based on factors including their age, length of service and time spent with the company.

However, a temporary layoff may be deemed legal if it is allowed through explicit terms in an employment contract or agreement. The layoff may also be permitted if the employee has agreed to one in the past, therefore establishing a precedent for their employment.

Before automatically accepting a first or second temporary layoff, it is recommended that you schedule a consultation with an employment lawyer at Samfiru Tumarkin LLP in Ontario, Alberta or British Columbia to determine your options during the pandemic.

Rather than continue to wait to be called back to work, you can potentially obtain severance and begin looking for new employment.