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Hello. I work in the oil and gas industry as a power engineer. A group of us (30+ employees) have just been placed on temporary layoff for 3 months due to business circumstance with no wage top up but have kept health benefits and only have EI eligibility for income. I have been at my facility for 23 years. I have been approached by other companies to do some contract work within these three months which would leave me available to return to my original job if I where to be recalled. My question is, if I earn a wage contracting (starting my own company) will I open myself up to forfeiting my severance\termination pay if I am not called back to work in three months?
Thank you for your question. Based on your facts, you may have a claim for wrongful dismissal. The law surrounding layoffs and your legal rights are difficult to navigate and highly fact-specific. As such, I highly recommend consulting a lawyer at our firm to further discuss your matter.