I have been on lay-off for 15 weeks. I'm i not do severance pay at this point. It was not a termination, this was a

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Customer: i have been on lay-off for 15 weeks. I'm i not do severance pay at this point
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: it was not a termination, this was a short term lay-off.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: no union, i've been with company for 29 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Ulysses101 in 19 mins 2 years ago
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Ulysses101
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Ulysses101, Expert

Hello, thank you for the question.

What province are you in?

How can I help you here?

Customer
Ontario, what I'm I intittled to if I don't get my job back?
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Ulysses101, Expert

You're entitled to consider yourself terminated, and that you are owed pay in lieu of notice, which will be anywhere from one week to one month per year of employment, generally, depending on the circumstances.

Is the employer saying when you'll be called back?

Did they give you a Record of Employment?

Customer
I recieved a ROE and no call back date.
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Ulysses101, Expert

What's the code on the ROE? Did they say dismissed for lack of work, or laid off?

Customer
I didn't see ROE
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Ulysses101, Expert

I don't understand. Did you get a Record of Employment from your employer?

Customer
I still review meetings and answers questions
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Ulysses101, Expert

OK, so you aren't terminated yet. That's good. Are you still receiving your salary?

Customer
No cerb
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Ulysses101, Expert

And you're still doing some work for the employer? Meetings and answering questions?

Customer
meeting and questions
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Ulysses101, Expert

You need to have a frank discussion with your employer.

You're still doing work for them, but you aren't getting paid. You haven't been terminated either. You certainly deserve in writing a commitment to compensate you something for the work you're doing during this temporary layoff, and their commitment to call you back at first opportunity, failing which they acknowledge that you can consider yourself dismissed and seek pay in lieu of notice.

Is there someone in HR you can talk to, who won't get their back up if you take a firm position like this? I'd hate to think I'm encouraging you to talk yourself out of a job. But you need to protect yourself, because what's going on doesn't sound right and you're very exposed.

Does that make sense?

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Ulysses101, Expert

Did you discuss this employment situation with HR?

Customer
With my boss.he said I would be next person hired back. But he hired a new worker
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Ulysses101, Expert

Then I think you need to confront your employer about this new hire and whether you should consider yourself terminated. And if you don't like their answer then go see a lawyer to write them a stern demand letter. That shouldn't cost much, just to do a letter. It's likely to shake a settlement offer out of them.

I hope that your job is secure but the indications seem to be to the contrary.

Is there more to discuss? In the meantime, may I please have a service rating?

If I've answered you may I please have a service rating? Ratings are how I get credit from the site for helping its customers. Five stars is best, ***** ***** top of your webpage, or if you're on the app the site will send you an email to rate. I'd appreciate it very much. If you can't find where to rate, you can tell me to ask the site to enter a rating for you.

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