COVID-19: Terminated After Temporary Layoff | Employment Law Show TV – S4 E29

Episode Notes

Severance offers less than full entitlements

There are many terminations taking place, with much less severance offered to employees than is actually owed. While employers may be going through financial stress, it is important to remember that you are owed your full severance.

If you are now looking at a severance package, chances are that it is significantly less than you are owed. If you are not called back to work, you may actually be entitled to your full severance pay.

Segment starts at 2:17

Termination and a human rights violation

My employer is shutting down. I have been offered 3.5 months of severance pay. There is also an unresolved human rights violation. Am I owed more severance? I’m 57 years old and worked in a customer service position for 8 years.

A part-time employee has the same rights to severance pay as a full-time or salaried employee. Based on your information, you would be owed 10 months’ pay.

Segment starts at 4:35

Demoted from management

The company is restructuring due to COVID-19. My managerial job has been eliminated and without any advanced notice, they’ve moved my job back down to a supervisor position. I’ve worked there for 3 years since being recruited from another company. What are my rights?

Many employers are recalling employees back to work to different positions. Employers do not have a right to make a significant negative change to an employee’s terms of employment. An employee has the option to treat a demotion as a constructive dismissal.

Segment starts at 6:44

Not Recalled From a Temporary Layoff?

1️⃣   Can an employee choose to have a trial run in a demoted position but if they are dissatisfied, ask for their original job later on?

An employee can accept this demotion in writing, however, to stay in this position beyond a month is generally considered acceptable.

Segment starts at 9:11

2️⃣  How long can a temporary layoff go on for?

While an employee can choose to accept a temporary layoff they can also treat this layoff as termination, as a temporary layoff is illegal.

READ MORE
How long can a layoff last in BC?

Segment starts at 11:25

3️⃣  Do I have to return to work if my employer calls me back?

An employee must have a legitimate medical reason or circumstance if unable to return to work.

READ MORE
Can employers in Alberta put workers on a layoff?

Segment starts at 13:45

4️⃣  Can my employer return me to a different job or title, at reduced pay or hours?

Your employer doesn’t generally have the right to reduce your hours of work or wages. If they do make those changes, you may not have to accept them, and can pursue a constructive dismissal.

Segment starts at 15:12

5️⃣  What should I do if my employer doesn’t recall me from a temporary layoff?

If not recalled back to work at this time, employees can consider this a termination and obtain a full severance package, based on a number of factors.

READ MORE
What happens when a layoff in Ontario ends?

Segment starts at 16:25

6️⃣  How long do I have to pursue severance after my temporary layoff expires?

An employee has a period of 2 years after termination to pursue severance pay.

Segment starts at 17:23

7️⃣  Can the Ministry of Labour or Employment Standards Branch help me calculate severance for a Temporary Layoff?

An employee should not rely on the Ministry of Labour or the Employment Standards branch for an accurate or comprehensive calculation of severance pay. These branches of government can only ensure your minimum severance amount.

Segment starts at 18:20

Termination rights for self-employed

I’m a self-employed contractor. On Friday my client decided he no longer wants me to work for him. In order to get my tools back from him, I was forced to sign a termination paper saying that I wouldn’t take any legal action against him.

You may actually be an employee and were misclassified as a contract worker. If you are an employee, you are owed severance pay if you are let go.

Segment starts at 19:34

Part-time severance

I’ve been laid off due to the coronavirus pandemic. I’ve been working part-time at the company for the last 12 years or so. The HR department told me that the only option I had was to go on EI. Is that true?

That’s not true. If you’ve been laid off, you have the option to treat that layoff as a termination and get your severance. As a part-time worker, you are also owed severance pay in addition to Employment Insurance (EI).

Segment starts at 23:08

Federal vs. provincial severance

I understand that employees in a federally regulated industry don’t have the same rights to severance pay as provincially regulated workers. Is that true?

Like provincially regulated workers, federally regulated workers are entitled to as much as 24 months’ pay in severance. Your severance entitlements are the same. Your severance is based on your age, position, and length of employment, just like provincially regulated employees.

Segment starts at 25:43

Privacy and tracking by an employer

Our entire team will be working from home for the next few months. In order to keep an eye on our work habits, our employer wants us to install software that will track our home computer usage. Can we refuse and still keep our jobs? Can my employer track me?

If you are working from home, your employer is entitled to track your work while you’re at home, but only during work hours. They cannot track your computer usage after work hours.

Segment starts at 27:28

Next Episode: Employment Law Show TV S4 E30 – What Employers Shouldn’t Do

Previous Episode: Employment Law Show S4 E28 – Severance Packages: Key Things to Know