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I am on a temporary layoff since April 24th due to Covid. I agreed to the temporary layoff due to tje COVID situation and made it clear by email to my employer that I will not accept any future layoffs as a part of my employment agreement going forward. I still have been receiving my benefits but no communication from employer for several months. My CERB benefit has ended and I have applied for EI. I hope to be called back to work and will wait it out until Jan 2,2021. If I am not called back to work, will I be able to pursue my full severance? If I am called back to work anytime between now and after Jan. 2, 2020 and layed off again, would I still be able to receive my full severance? I am 59 and have been with the company for 15 years. Thank you.

Thank you for your question. Because you agreed to this layoff, which has now become Infectious Disease Emergency Leave under the Employment Standards Act, if you are called back to work before January 2, you will not be entitled to severance pay. However, if you are not recalled back to work before Infectious Disease Emergency Leave ends (on January 2 or any later date if there is an extension), the timeline for a regular temporary lay off will restart. This means that you will need to refuse the temporary layoff at that time in order to claim constructive dismissal and pursue your severance pay. If you accept the layoff at that time, your employer will be able to lay you off for 13 weeks without benefits or 35 weeks with benefits, before it becomes a termination. If you are not called back by January 2, you should contact us immediately at the number below so that we can assist you with pursuing your termination entitlements.
The Lawyers at Samfiru Tumarkin LLP
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