Once I have been issued a ROE can the same organization ask me to work? Also, of I am an employee that has a contract

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Customer: Hi ! Once I have been issued a ROE can the same organization ask me to work? Also, of I am an employee that has a contract with a start and finish date do they owe me severance?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: There is no HR and I haven't discussed it with anyone.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: At will? And not part of a union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so.
Answered by Debra in 11 mins 2 years ago
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Debra
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Debra
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Debra
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Jessica

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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 of this difficult situation.

Are you saying you were dismissed without just cause and then right after that they offered you a new job?

Customer
I have a contract as an employee. Because of Covid 19 we were layed off. Almost immedietly they have been asking me to finish choreography even though I'm layed off and have applied for CERB.
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Debra, Expert

When you were dismissed you became 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.

They can offer you a new position and you can accept it if you like but unless this is the same position it should not affect your right to CERB if you don't want to take it.

Does that make sense?

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
I am a ballet teacher at a studio. I have a contract with a termination clause of I month pay but on my ROE they lay off was noted as" shortage of work" but they keep emailing me to finish choreography and video it to send to them. Wouldn't this be considered working? And would getting them to defer payment till later be illegal?
If other teachers are collecting CERB and doing choreography and video work for the studio this is going against CERB?
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Debra, Expert

Yes it would be illegal.

You would have to report any income.

They can pay you for some work but it just has to be reported.

Deferring it would be fraud on both your parts.

Customer
Ok Thank you !!
That's what I thought and wanted to get a proper answer before moving forward
Thank you !!
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Debra, Expert

You are very welcome.

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