Tuesday, February 27, 2024

Wise Law's Employment #LawFact of the Day: Can a temporary layoff be considered a termination of employment?

Temporary layoffs of employment may not be permitted unless there is an employment contract that specifically permits such layoffs. 

In most circumstances, legally permitted layoffs can only last:

A. Not more than 13 weeks of layoff in any period of 20 consecutive weeks, or

B. More than 13 weeks in any period of 20 consecutive weeks, but less than 35 weeks of layoff in any period of 52 consecutive weeks if the employer continues benefit payments or makes other substantial payment to the employee during the layoff.

If you have been laid off without contractual authorization, or 

If you have not been recalled by your employer within these required timeframes,

You may be entitled to treat the layoff as a termination and to claim compensation for wrongful dismissal.

Seek legal advice to determine your rights and entitlements if you have been laid off.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

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