Employment Law

Re-Hired & Fired By A Previous Employer? Get What You’re Owed!

You are re-hired by your former employer. They give you the same pay and job title that you held previously. Unfortunately, they decide to terminate your employment. How much severance are you entitled to? Is it based only on the time you put in after they hired you back?

We were recently presented with that dilemma.

A gentleman had worked for a company for 20 years. In 2011, he decided to quit and find work elsewhere.

10 months later, his old employer offered him his old job again. He accepted. Same position, same salary, and with the same amount of vacation that he had before resigning 10 months earlier.

Last week, this man came to us after he was let go.

His employer claimed that since he had been employed since 2012, he was entitled to four years severance. The truth is that the law likely considers the gap in employment with the company to have no impact on his overall years of service with the employer, and that his severance package should be based on the total number of years spent at the company. In this case, a total of 24 years.

If you are fired after being rehired by your employer, contact our employment law team to find out how much severance pay you are entitled to.

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

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