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Hello,
I have been laid-off 'temporarily' with the excuse of covid-19 and economic slow-down. I have checked my employment contract and cannot find any provisions for temporary lay-off anywhere in the 11 page contract. However, there is a clause in the contract which says that I can be laid-off by the Company without just cause at any time upon providing notice of termination, pay in lieu of notice, benefit continuation and/or severance pay solely as required under the ESA. This shall apply regardless of the position that the Employee occupies at the time of termination.

The email communication between the employer and I ended when I mentioned in my last email that I would sue the company for legal fees, if I end up hiring a lawyer for them to acknowledge my rights and pay the compensation. They also initially placed a condition about releasing of ROE to me which I think is also illegal.


Thanks and regards,
M.Shahabi

Hello and thank you for your question,

As there is nothing in your employment agreement that permits your employer from placing you on a temporary layoff, it is certainly possible that your temporary layoff amounts to a constructive dismissal of your employment. In turn, you could be entitled to severance. In order to adequately make this assessment, we will need to review your employment contract and the circumstances surrounding the layoff (i.e. is your company an essential business that remains operational or is it a non-essential business ordered closed by the government; whether you have been placed on a layoff in the past; whether other individuals were placed on a layoff; the reasons you were selected personally to be laid off, etc.)

Please give us a call at the number below to arrange for a consultation with one of our legal professionals. We would be happy to assist in any way we can.

Be well.
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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