Do I have to return to work after being laid off by my employer?

After laying off approximately half of its global workforce, Twitter is reportedly asking dozens of employees who lost their jobs to return to work.

According to Bloomberg News, the company realized that some of the staff members let go had the work and experience necessary to help Elon Musk implement new features on the social media platform. Others were apparently terminated by mistake.

While Twitter isn’t headquartered in Canada, the social media giant still has to adhere to Canadian laws and employment standards legislation.

Non-unionized workers in Canada have rights if their employer asks them to return to work after being fired without cause or laid off.

Do I have to return to my job after being laid off?

You don’t have to return to work if you are called back shortly after your employer let you go.

However, in some cases, employers may attempt to limit your severance entitlements if you refuse to come back. This is something they may not be able to do, depending on the circumstances.

• Example: James worked for his employer for 15 years. He was laid off as the company prepared to be acquired by a competitor. However, the deal fell through and James was asked to return to work roughly a week after being let go. He was also informed that his hours and pay would be slightly lower. When he refused, his employer told him that his severance entitlements would be reduced. James took legal action and a judge ruled that his refusal to return to the same job with altered hours and pay was reasonable. As a result, James was awarded full severance pay.

If you don’t want to return to work shortly after being laid off, and your employer tells you that your severance package will be reduced, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are entitled to.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

How is severance pay calculated?

In Canada, severance can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

Our firm’s free Severance Pay Calculator can help you figure out how much you are owed.

If your company’s offer falls short of what is appropriate, you have been wrongfully dismissed and should file a claim for compensation.

LEARN MORE
• Severance pay for provincially regulated employees
• Severance for federally regulated employees
• Severance pay in a recession

My employer wants me to sign a new employment contract before returning to work, what should I do?

If you decide to return to work shortly after being laid off, be very wary of signing a new employment contract.

Employers in Canada should allow returning staff to resume their employment:

• Under the same terms and conditions that existed prior to their termination
• Without any breaks in service

In provinces such as Ontario, the Employment Standards Act, 2000 (ESA) includes a rule that if a break in service is less than 13 weeks, then employment is deemed “continuous.”

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

If you are asked by your company to sign a new employment contract before coming back to work, carefully review it for any clauses that attempt make significant changes to your job or ignore your years of service.

An experienced employment lawyer at Samfiru Tumarkin LLP can review the agreement and ensure that your workplace rights are properly protected.

SEE ALSO
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?

I returned to work and major changes were made to my job, what should I do?

Non-unionized employees don’t have to accept substantial changes to their job — even if you are returning to work shortly after being laid off.

Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign and seek full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Can your employer make changes to your job in Ontario?
• Changes to your employment in B.C.
• What happens when your job is changed in Alberta
• Do I get severance if I quit?

How we can help

If you are fired or lose your job for any reason, or your employer has made significant changes to your employment, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver have helped tens of thousands of non-unionized individuals across Canada resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.