Temporary Layoffs During COVID-19 | Employment Law Show TV – S5 E1

Episode Summary

TEMPORARY LAYOFFS DURING THE COVID-19 PANDEMIC, mat leave terminations, federally regulated severance, and more on Season 5 Episode 1 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Employment rights and homeschooling

Employment Lawyer Lior Samfiru discusses workplace rights for working parents who are homeschooling due to COVID-19.

Parents who choose to stay home with their kids while they engage in remote learning may not have the right to accommodation by their employer. An employee who chooses not to send their child back to an in-class setting should know that their employer has no obligation to accommodate a personal preference. The company may consider the individual to have resigned from their job if they refuse to return to work.

Segment starts at 1:42

Severance when recruited from another company

I was recruited from another company three years ago. How much severance would I be owed if I was laid off today?

An employee’s severance package may factor in time spent at a previous company, if they were recruited to join their latest employer.

Segment starts at 4:55

Federally regulated severance amount

I was let go from a federally regulated company that has been suffering greatly due to the impact of COVID-19. Am I really only owed 5 days of pay in severance?

A federally regulated employee in Canada can be owed as much as 24 months’ pay under common law. Employers often fail to observe common law (or full) severance pay in a termination, and focus only on a worker’s minimum severance options.

SEE ALSO
• Termination packages for provincially regulated employees

Segment starts at 7:42

Temporary Layoffs During COVID-19

1️⃣ What is a temporary layoff during COVID-19?

A temporary layoff occurs when an employer suspends an employee’s job for a set period of time. The layoff is not expected to be permanent.

Segment starts at 11:47

2️⃣  Is there a time limit on a temporary layoff during COVID-19?

Due to COVID-19, provinces have changed the length of a temporary layoff for non-unionized employees. Review government resources to confirm how long you may be laid off temporarily.

Segment starts at 12:52

3️⃣  Can I refuse a temporary layoff?

Yes, you may be able to refuse a temporary layoff. A temporary layoff is actually illegal, even if it does in response to COVID-19. An employer is not allowed to change the terms of your employment. If you are put on a temporary layoff, you may be able to accept it as a permanent termination and accept a full severance package.

Segment starts at 13:49

4️⃣  What happens If I am not called back to work from a layoff during the pandemic?

You don’t have to wait to be called back to work if you don’t want to return to your job. You can pursue a constructive dismissal and leave your job with severance pay. Watch a recent episode about constructive dismissal to learn more about your rights.

Segment starts at 15:59

5️⃣  My employer is bringing me back to work, but at lower pay or reduced hours. Can they do that?

Your employer does not have a right to significantly reduce your pay or hours when they recall you to work from a layoff.

Segment starts at 16:52

Fired before maternity leave return

I was let go from my job via email after I reached out to my employer to confirm my return date from maternity leave. They said it was due to a lack of work.

An employer can’t fire an employee because they are returning from a maternity or paternity leave. The employee must be brought back to the exact same job they had before their absence. A termination of this type may be a human rights violation.

Segment starts at 19:32

Fired for cause due to conversation

I was dismissed for cause by my employer based on a conversation I had with a coworker. Am I owed any severance pay because they had a reason to fire me?

A termination for cause is reserved for the worst workplace offences. In most scenarios, an alleged dismissal for cause is not legitimate, and full severance pay is owed to the terminated employee.

Segment starts at 23:14

Severance pay offer time limit

I was pulled into a meeting and handed a termination letter that included a severance offer. At first my boss refused to let me leave without signing it, but I was able to negotiate a 24-hour grace period. Can you review my severance package before the time limit expires?

An employer cannot force an employee to accept a severance offer on the spot.

Segment starts at 25:54

NEXT EPISODE: Employment Law Show S5 E2 – Employment Agreements & COVID-19

PREVIOUS EPISODE: Employment Law Show S4 E31 – Wrongful Dismissals in Canada