Were you illegally laid-off?

If you are on a lay-off, you know how frustrating it can be. You may feel powerless. But you have options. You can accept it, put your life on hold, and wait for a call from your employer to bring you back. However, that call may never come. Or you can take action. There are things that you can do to take back control. Here are the 5 most common questions about temporary layoffs and the answers you need to move on with your life.

The 5 most important things you need to know about temporary layoffs during COVID-19:

Can I refuse a temporary layoff?

You have the absolute right to refuse a temporary layoff. A temporary layoff is a change to the terms of your employment. An employer cannot make significant changes to the terms of your employment. Significant changes to your job are like a termination. In which case, you can claim constructive dismissal, and get your severance pay.

A word of warning: An employer can’t lay you off without your consent. If you choose to accept a temporary layoff you may be giving your employer the legal right to do it again.

Can I get severance if I’m laid off?

If you are laid off, you have a right to claim constructive dismissal. At that point, your employer needs to pay you severance. In some cases that could be up to 24 months’ pay. Use your Severance Pay Calculator to find out what you’re owed.

What should I do if I am laid off?

The first thing you need to do is get all the information you can from your employer about the situation. First, talk to your employer and find out if they have any intention of bringing you back, and when. It may only be for a short period, in which case you may decide to accept it and wait to get the call back to work. If you don’t want to accept it, explain to your employer that you do not accept the lay-off. You can tell them you will consider the employment relationship to have ended.

After you’ve spoken to your employer, confirm everything in writing, by email or letter. Restate that you do not accept the layoff. Then reach out to an employment lawyer. You can contact the team at Samfiru Tumarkin LLP and make sure that you get the severance you’re owed.

Can my employer bring me back from a layoff at lower pay or reduced hours?

Some employers try to trick their employees into taking less pay after coming back from a layoff. They may say that due to COVID-19, you have to take a pay cut. This is not true. An employer cannot in any way change the terms of employment of its workers. They cannot bring you back from a layoff and change your hours, your shifts, your pay, or your benefits. They must restore all your terms of employment to the pre-layoff levels.

You have two choices if your employer has tried to make changes to your pay or your duties. Accept it or pursue a constructive dismissal and walk away with your full severance. An employment lawyer can help you get your full severance entitlements. You must get help as soon as your employer tries to make changes to your employment. You can reach out to my team and get what you’re owed.

What happens if I agree to a temporary layoff and my employer doesn’t bring me back?

If your employer has no intention of bringing you back to work after a layoff, that is a termination. You can ask your employer if they intend to bring you back to work, but you might not get a straight answer. It could be in your best interest to treat the layoff as a termination and get your severance pay. Our firm has helped thousands of people in this situation get the severance that they’re owed. Get in touch with us if you have been put on a layoff.