Temporary layoffs in Ontario present unique challenges for employees. Learning about your rights as an employee and your work responsibilities during this unpredictable time will give you better control of the situation.
What Are Temporary Layoffs?
Your employer maintains your employment status during work suspension periods, constituting temporary layoff conditions. The right to conduct temporary layoffs must exist in your employment contract, or you may file constructive dismissal claims to receive severance pay. You can obtain clear guidance about your situation by seeking help from a Toronto labour lawyer.
The Employment Standards Act, 2000 (ESA) of Ontario allows employers to conduct temporary employee layoffs for a maximum of 13 weeks within any 20-week timeframe. A temporary layoff lasts up to 35 weeks within one year when employers maintain benefits or offer partial pay to affected employees.
What Should Employees Do During a Temporary Layoff?
You must proactively protect your rights when facing temporary layoff situations. Review your employment contract to discover whether the document contains any provisions that authorise temporary layoff situations. Without an explicit layoff clause in your employment contract, your temporary dismissal could qualify as constructive dismissal, giving you the right to termination pay or severance.
You should ask your employer for official documentation that explains why the layoff occurred, along with a schedule for its length and details on benefit continuation. You should track the length of the layoff because exceeding ESA limits without employer recall can lead to termination pay or severance benefits. A consultation with an employment lawyer will help you identify your rights and evaluate the possibility of constructive dismissal during your layoff.
Government Support
Multiple support programs become accessible to you when you experience temporary joblessness. The application process for Employment Insurance (EI) benefits starts through temporary income assistance for eligible workers and requires immediate action to prevent delays in receiving benefits.
Inquire from your employer regarding health and retirement benefit policies that extend to layoff periods. Monitoring government relief programs targeting industries and workers is essential because large-scale layoffs may lead to new support programs.
What Happens if You Find a New Job During a Layoff?
Obtaining another position when you experience a layoff could establish legal boundaries for your contract with your initial employer. Acceptance of a new job indicates voluntary termination of your employment with the original employer, which may result in loss of recall rights and termination benefits.
Your earnings from the new job can decrease the compensation you can claim if you decide to file a wrongful dismissal lawsuit. Before leaving your original position, you should talk directly with your employer to avoid confusion about your departure in upcoming legal proceedings.
You need a complete understanding of your workplace rights and active employment management to handle temporary layoff situations. Seeking professional legal advice and staying updated on relevant information will help you defend your rights throughout this challenging period.
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