Temporary Layoffs

Understanding temporary layoffs

A temporary layoff occurs when an employer reduces or stops an employee’s work for a period of time with the expectation that the employee will be recalled to work. While on a temporary layoff, the individual remains an employee of the company.

Learn more about temporary layoffs in your province:

Ontario • Alberta • British Columbia

WATCH: Employment lawyer Lior Samfiru discusses everything you need to know about temporary layoffs on an episode of the Employment Law Show.

What you need to know about temporary layoffs

• Legal rights: In Ontario, B.C., and Alberta, employers do not have an automatic right to lay off employees temporarily.
• Severance pay: If a temporary layoff occurs, the employee may have the right to treat it as a termination and seek severance pay for wrongful dismissal.
• Don’t accept a temporary layoff: Accepting a temporary layoff could give your employer the right to impose future layoffs, limiting your ability to object.
• Unionized employees: If you are part of a union, the rules about layoffs will be outlined in the collective bargaining agreement.

Responding to a temporary layoff

If your employer has laid you off temporarily, and your employment contract does not allow for it, or if you do not work in an industry where layoffs are standard, this action may be illegal. Inform your employer in writing that you do not agree with the layoff. If the layoff continues, your employment may be considered terminated, and you can pursue severance pay.

It’s crucial to seek legal advice when you’re placed on a layoff. Our employment lawyers in Ontario, Alberta, and B.C. can help you understand your rights and fight for full compensation. Contact us online or call 1-855-821-5900 to discover your options.