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I have been working with the company for more than 8 years now, never been laid off before, but this month I was temporary laid off (mid June 2020). The layoff letter specified the return date (which is 12 weeks from layoff date). During the layoff I still have health coverage by the employer.
Employer requested that I accept the layoff letter and sign it... I did.
The letter basically did not give me options to choose, the employer was just informing me that I was laid off.
My original job offer did not have any clause about temporary layoffs, I am 47 years old, with the company for 8 years and couple of months, position is Sr. Engineer.
I have 2 questions;
1- I signed the letter and accepted the temporary layoff, is it too late to go after my severance? Do I have to wait the 12 weeks and see if they call me back or not?
2-Because I already accepted the temp layoff, does that give my employer the power to impose future temporary layoffs on my without seeking my acceptance?
Due to executing the temporary layoff letter, you have accepted the layoff and cannot argue constructive dismissal of your employment for that reason at this time. If your employer fails to recall you, you would then have the ability to claim wrongful dismissal, and should contact our office for a consult. You may want to contact your employer to advise you are only agreeing to the temporary layoff due to the current pandemic, and that you do not agree to be temporarily laid off in the future to attempt to preserve your future rights.