Employment lawyer Alex Lucifero on CTV News discusses temporary layoffs

Interview Summary

As more employees are placed on temporary layoffs by their employers due to economic concerns, questions have arisen regarding rights and entitlements.

What options does an employee have if they have been placed on a temporary layoff? Can employers place employees on a layoff if experiencing financial difficulties of their own?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP, joins CTV News Ottawa to answer these questions and more on employee rights.

Interview Notes

• Temporary layoffs vs. termination: A termination of employment is a permanent end to employment in which an employee is owed severance pay by their employer. Alternatively, a temporary layoff is not a definitive end to employment and occurs when an employer places an employee on a layoff for a period of time.
• Legality of temporary layoffs: Employers are generally not able to lay off employees temporarily without their consent. A temporary layoff can lead to constructive dismissal as it is a major change to the terms of employment. Employees could be placed on a temporary layoff if there are terms regarding temporary layoffs in their employment contracts.
• Options for employees: Employees should not agree to sign any documentation immediately as it could be offering acceptance of a layoff. Employees should look closely at the terms of their employment contract to determine if their employer is able to implement a temporary layoff. Accepting a temporary layoff initially permits employers to enact future layoffs.