For Employees

A temporary layoff occurs when an employee’s hours are reduced or cut back. Layoffs usually occur when an employer is undergoing financial difficulties or is restructuring.

Under the Employment Standards Act, 2000, the employer cannot layoff an employee for more than 13 weeks within a 20 consecutive week period or more than 35 weeks within 52 consecutive weeks. In the latter case, the employer must continue to make payments towards the employee’s benefits or inform the employee to return to work within the time frame.

A temporary layoff can amount to a constructive dismissal when the employer’s right to layoff an employee is not an express or implied term of employment. As a result of the constructive dismissal, the employee is deemed to have been wrongfully dismissed and can seek a severance package.

Contact us immediately at Zubas Flett Liberatore Law LLP in order to help you interpret whether you have been constructively dismissed due to layoff or COVID-19. Our team of lawyers have the skills and experience to defend and advance your legal rights.