Careers

Laid off - not receiving severance nor vacation pay?

  • Last Updated:
  • Mar 26th, 2020 4:57 pm
[OP]
Newbie
Mar 22, 2020
5 posts
1 upvote

Laid off - not receiving severance nor vacation pay?

Hi Friends,

First time poster, long time lurker :)

Last week I got laid off. Today I got the official notice from HR including a document I need to sign and send back. I reached out to HR to ask about severance and vacation pay as this wasn't acknowledged in my letter. HR rep got back to me and said that because this is a temporary lay off (due to coronavirus) and not permanent there is no notice period payment or vacation paid out and this amount remains in the bank until my return or if there is a permanent layoff. I emailed them indicating that since they are going to issue me an ROE, and I will be applying for EI benefits, this appears to be a permanent lay off to me even if they may have the intention of bringing me back once the dust clears.

Thoughts on signing this paper and leaving out severance and vacation pay to good faith?
17 replies
Deal Fanatic
User avatar
Jan 31, 2006
5748 posts
1072 upvotes
Toronto
Does your ROE indicates you will be recalled?
Deal Addict
Oct 16, 2013
2254 posts
600 upvotes
Toronto
You can receive EI on a temp layoff. This is called Seasonal layoff. Plus, the government is making exception because of the "beer".
[OP]
Newbie
Mar 22, 2020
5 posts
1 upvote
So are you suggesting I shouldn't ask for my severance and vacation pay?
Deal Addict
Oct 16, 2013
2254 posts
600 upvotes
Toronto
hellojello13 wrote: So are you suggesting I shouldn't ask for my severance and vacation pay?
Is the company permanently laying you off?
Deal Fanatic
User avatar
Jan 31, 2006
5748 posts
1072 upvotes
Toronto
raichu1 wrote: Is the company permanently laying you off?
Op’s mention HR will give him severance and vacation when it becomes a permanent layoff. But what Op’s worry if he/she signed the documents, it might/will never see those.
Deal Expert
Aug 22, 2011
31138 posts
16892 upvotes
Ottawa
hellojello13 wrote: So are you suggesting I shouldn't ask for my severance and vacation pay?
Small or large company?
Do you think they will go under?
[OP]
Newbie
Mar 22, 2020
5 posts
1 upvote
I work for a subsidiary of a larger company and am technically employed by the larger company but I believe the subsidiary may go under.
Deal Addict
Jan 1, 2013
1415 posts
713 upvotes
Durham
Temp layoff you get no severance or vacation pay. Just went through this and verified it is only for permanent layoff. ROE on temp layoff is to notify the government so you can get EI until you are called back to work. Your HR is correct.
Deal Addict
Dec 6, 2006
2258 posts
624 upvotes
hellojello13 wrote: Hi Friends,

First time poster, long time lurker :)

Last week I got laid off. Today I got the official notice from HR including a document I need to sign and send back. I reached out to HR to ask about severance and vacation pay as this wasn't acknowledged in my letter. HR rep got back to me and said that because this is a temporary lay off (due to coronavirus) and not permanent there is no notice period payment or vacation paid out and this amount remains in the bank until my return or if there is a permanent layoff. I emailed them indicating that since they are going to issue me an ROE, and I will be applying for EI benefits, this appears to be a permanent lay off to me even if they may have the intention of bringing me back once the dust clears.

Thoughts on signing this paper and leaving out severance and vacation pay to good faith?
A temporary layoff is constructive dismissal. There are many factors to your entitlement to severance and you should speak with an employment lawyer.
Sr. Member
Oct 3, 2013
661 posts
724 upvotes
May be useful for you to read: https://www.theglobeandmail.com/busines ... mployment/

Temporary layoffs are in a legally grey area and always have been. They are very common, but are actually considered constructive dismissals or implied termination. That said, these are unprecedented circumstances that the law doesn't address, so I wouldn't necessarily test your "rights" and become the example for everyone. This cuts both ways though - your HR department likely isn't 100% sure about this either, and is probably banking on most employees just going away quietly.

Do you wish to return to your work after COVID-19 resolves? Or would you be okay moving on? If the latter, perhaps you can challenge it further with an employment lawyer. I wouldn't sign it until you feel you understand the entirety of your options.
Deal Addict
Feb 7, 2005
4094 posts
752 upvotes
Kkhan15 wrote: Temp layoff you get no severance or vacation pay. Just went through this and verified it is only for permanent layoff. ROE on temp layoff is to notify the government so you can get EI until you are called back to work. Your HR is correct.
I suggest you contact a lawyer . This information may be wrong .

Top