We have received a number of inquiries from individuals who have been temporarily laid off as a result of the economic impact of the pandemic.
Generally speaking, a temporary layoff can in certain circumstances constitute a “constructive dismissal”. In theory this may allow the affected employee to seek damages for Wrongful Dismissal. However taking such a legal position in light of these extraordinarily unique circumstances is not generally recommended and should not be pursued without specific legal advice.
We are providing affected employees with the following general advice:
For more information in respect of the layoff process we refer you to the relevant portion of the Guide to terms of the Ontario Employment Standards Act, 2000.
The above information is provided for general information purposes only and should not be construed as legal advice. Every situation is different. In the event that you believe that you require specific advice we can be reached at (416) 323-9395.
MARVIN A. GORODENSKY PROFESSIONAL CORPORATION