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Dear Sir/Ma’am,

Here is my situation at work. I’m a room attendant at a non-unionized hotel in B.C, Canada. In March, due to covid pandemic, my employer asked each employee if they want to take a temporary leave or keep working. I chose to keep working and most of my colleagues, including senior ones, chose to leave. I have been working still. However, recently my manager told me that according to the Labour Law, they might have to lay me off in order to recall the senior ones, who volunteered to leave.
I’m just wondering if it is true that there is anything in the law that requires them to do that or it is just their own decision.
Thank you so much.

Thank you for your question.

As a non-unionized workplace, there is nothing requiring your employer to lay you off to recall senior employees. If you have not agreed to temporary layoffs as a term of your employment, you may have the option of treating your layoff as a constructive dismissal and pursue a severance package. If that happens, please ensure to speak with one of our local B.C. lawyers before taking any action. Also, kindly note that if you are laid off or dismissed, the limitation period to bring a civil claim is two years from the date your cause of action arises.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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