I have just been verbally informed that I am to be off for the next two weeks. I am part of staff, paid by salary, and

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Customer: Hello there, I have just been verbally informed that I am to be laid off for the next two weeks. I am part of staff, paid by salary, and up until now always worked during layoff periods. Does my company have the right to do this?
JA: Is the workplace unionized? Has a grievance been filed?
Customer: The workplace is unionized. but like i stated i am staff. (supervisor)
JA: Where are you located? Wage-and-hour laws vary by state.
Customer: Ontario Canada
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That would be all
Answered by Debra in 34 mins 2 years ago
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Debra
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear this.

Does your contract allow for temporary lay offs?

Customer
There is nothing stated in my contract about temporary lay offs.
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Debra, Expert

They are not permitted to temporarily lay you off unless you agree. That means that this is a case of the constructive dismissal.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

Your best next step would be to consult with an employment lawyer over the phone with a view to retaining them to send a demand letter threatening a lawsuit.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
being sent home for two weeks with no pay is considered a case of constructive dismissal? If I disagree with the layoff, what is stopping the company from letting me go in the future as a retaliation?
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Debra, Expert

Nothing is stopping them because if you were going to claim constructive dismissal you have to quit. But you can have a lawyer threaten them by stating in the letter that this would be considered constructive dismissal if you leave.

Customer
Ok thank you. I do not want to quit my job, and I know what my companies reaction would be if I would threaten them with legal action. It is frustrating knowing that I will be laid off yet the plant is not in a total shutdown. Even some of my own guys who I directly supervise will be only laid off for one week. Another manger will be preform my duties while I am laid off.
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Debra, Expert

It's clearly unfair and unlawful.

Customer
there is no way for me to fight this other then threatening to quit while stating to the company that this would be constructive dismissal?
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Debra, Expert

No because how else can you fight it? You aren't in the union so all you can do is threaten to sue or quit and sue.

Customer
Wow, so much for having the "benefit" of a yearly salary. Thank you so much for your time and the information. It is much appreciated. Have a wonderful day.
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Debra, Expert

There is no such thing as a wonderful day these days but stay well and I will be here if you need me.

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