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My biggest fear is a temporary layoff with no intentions of recall

  • Last Updated:
  • Apr 28th, 2020 5:06 pm
[OP]
Sr. Member
Jan 25, 2015
724 posts
379 upvotes
Toronto, ON

My biggest fear is a temporary layoff with no intentions of recall

I have been laid off temporarily because of this pandemic. I am extremely unfamiliar with temporary layoffs.

Unfortunately temporary layoff is part of my employment agreement so i cannot challenge it and demand a termination of employment. This means no pay in lieu and no severance package until termination of employment.

Because I am still receiving benefits I am on standby for up to 35 weeks. Anyone knows asking someone to wait 35 weeks is unreasonable. I have no idea what my company is thinking. To me, this seems like a way to dodge termination compensation. If i land a job anytime during this temporary period it is considered a resignation and i forfeit severance package and pay in lieu I am assuming.

Im really reading in between the lines here but my bosses lack of enthusiasm and just body language after my layoff tells me there is no plan for recall.

In the meantime, I shall look for a new job and if I get recalled back to my old job that is great if not i shall continue looking.

I am not trying to throw shade at my old employer but I am trying to take care of myself.


Any insight would be appreciated!
11 replies
Deal Addict
Oct 25, 2008
2299 posts
338 upvotes
North York
Your best bet is to look into Ontario ESA

--
Under the ESA, a “temporary layoff” can last:

a. not more than 13 weeks of layoff in any period of 20 consecutive weeks; or
b. more than 13 weeks in any period of 20 consecutive weeks, but less than 35 weeks of layoff in any period of 52 consecutive weeks, where:
the employee continues to receive substantial payments from the employer; or
the employer continues to make payments for the benefit of the employee under a group or employee insurance plan (such as a medical or drug insurance plan) or a retirement or pension plan; or
the employee receives supplementary unemployment benefits; or
the employee would be entitled to receive supplementary unemployment benefits but is not receiving them because he or she is employed elsewhere; or
the employer recalls the employee to work within the time frame approved by the Ministry of Labour Director of Employment Standards; or
the employer recalls the employee within the time frame set out in an agreement with an employee who is not represented by a trade union; or
c. a layoff longer than a layoff described in “b” where the employer recalls an employee who is represented by a trade union within the time set out in an agreement between the union and the employer.
Deal Addict
User avatar
Aug 19, 2010
1615 posts
361 upvotes
Vancouver
Don’t have the mentality that this will be permanent or your employer won’t recall you. Just play it by ear and let it play out and see what happens. sign up for cerb if you qualify. Don’t look for a new job in between if you don’t really have to.

I wouldnt be surprised if furlough continues for quite sometime because if the government is providing income subsidy, it gives employers a chance to save a substantial amount of money from payroll.
Newbie
User avatar
Aug 10, 2013
44 posts
36 upvotes
Ontario, Canada
Exactly as mentioned above...keep a good mentality during the current course of world events.

I am in the same position.....employer had to drastically cut back staff/hours due to a higher then normal reduction in available work. (Most contracts that were scheduled is not cancelled but rather moved to another time of the year)

As a result I have been temporarily laid off. For the time being I am utilizing CERB...which then can transition into EI. CERB is 16 weeks from your application date (EI) rules in effect don't wait longer than 4 weeks to apply for CERB through EI.

During this period I am keeping in contact with my supervisor(not in a desperate) fashion but we have a good working relationship and I just like to be kept in any kind of loop.

But also I am researching other places of potential employement in case being recalled falls through. Due to physical distancing measures and the state of the world as it is ..I expect a kind of boom in hiring when this eases if only of a bit. I want to be prepared to keep moving forward if need be.

In the meantime budget yourself...adjust spending as needed..stay inside and distanced from others as much as possible to remain safe and healthy and be prepared to go back to the old or move forward with a new path!
Deal Addict
User avatar
May 6, 2010
2989 posts
365 upvotes
Markham
If you're in a union, you would be recall according to senority. If not, you're SOL. Sorry to be blunt because I went through a few "layoff" rounds with Rogers. A few months later, Rogers hired a fresh bunch of people.
Member
Aug 12, 2016
259 posts
63 upvotes
What to make of a situation where your employer or ex employer verbally informs you that they are laying you off temporarily due to a decline in the firms business and that they will recall you when the lockdown ends and economic/business activity picks up, that you can still use the health benefits paid for by the firm during this temporary layoff but when you receive the ROE, in the date of recall section they have written Unknown and in your final paycheque, they pay you your final salary along with your vacation as well?
[OP]
Sr. Member
Jan 25, 2015
724 posts
379 upvotes
Toronto, ON
Savak2015 wrote: What to make of a situation where your employer or ex employer verbally informs you that they are laying you off temporarily due to a decline in the firms business and that they will recall you when the lockdown ends and economic/business activity picks up, that you can still use the health benefits paid for by the firm during this temporary layoff but when you receive the ROE, in the date of recall section they have written Unknown and in your final paycheque, they pay you your final salary along with your vacation as well?
I was forced to take my vacation before the temporary lay off begins. I have not received my ROE yet because that date has not reached yet.
Deal Addict
Jun 11, 2016
1802 posts
2595 upvotes
mikolyyyy wrote: I was forced to take my vacation before the temporary lay off begins.
You were forced to take your vacation because being permanently laid off?
This doesnt sound right. My colleague was let go..his package included all unused vacation time
Deal Addict
Jun 11, 2016
1802 posts
2595 upvotes
@OP..What field are you in? Would you be happier returning to the same place or go elsewhere?

The only advice I can offer is relax for a week and clear your head..., watch some TV, take walks, have good meals then decide your best course of option.

Best of luck..

Cheers, KH
Deal Addict
Oct 24, 2010
1495 posts
1262 upvotes
Ottawa
Companies are totally using temporary layoffs to avoid paying out severance right now. From a business perspective, I'd argue that's the primary reason for issuing them.

For the 35 week provision in Ontario, the employer has to keep paying your benefits. From a business standpoint, not many people are using their expensive benefits right now (ex: massage, physio, dental), so it's a small cost for the business to offer to continue those benefits in order to defer severance for 35 weeks; because, with the amount of layoffs going on, many organizations don't have the liquidity to pay out severance.

I don't think there's anything that prevents them from insisting you take all accrued vacation prior to issuing the layoff, but I'm not 100% positive on that. That said, it's interesting that the business is choosing to pay out that expense now rather than deferring payment of accrued vacation to the (possible) time of severance in 13 or 35 weeks.

Depending on your industry, now might be a good time to start looking for a job. There's nothing keeping you from giving notice if you find something else while laid off; other than, as you said, potentially sacrificing severance. Only you can decide if being employed is worth sacrificing severance, though.
Newbie
Apr 26, 2020
1 posts
3 upvotes
Being temporarily laid off Mikokyyyy is the worst thing it could happen to anyone because of uncertainties that can even lead to anxiety and self-worthlessness.

Nobody knows until when is this Covid19 pandemic will last.

There's nothing better for you to secure your future not to depend on anything (pension or social security)
or anyone (your boss) because in today’s volatile economy, getting fired can be traumatic especially if your families are fully dependent on you.

Job security is vanishing.

Eight years ago I have no income.

I left my highly successful job as an ex-pat executive for 16 years. And there was a time in my life when I believed if you worked hard and did your job well – your job was safe forever.

But…

I was completely wrong. I worked for a company where at one time everyone was “family”. Something happened and I felt this time it would be different. I began to see where the employees stood.

Back in the days, I took my future for granted. It was clear that I don’t have enough savings, and the imminent downgrade of my ex-pat lifestyle including my daughter’s education from International school to a local school keeps me awake at night.

Nature gave us troubles in a purpose and the irony, no one can avoid any struggles in life and it was the kind of pain that I personally quickly labeled myself “paranoid”.

So, instead of having fear of losing a job and don’t take your money situation seriously, don’t let your emotions drag you down.

Better think something like…

- How to keep yourself away from money uncertainties that keep you awake at night.
- How to free yourself from job-searching fatigue in your late 40’s or 50’s
- How to live & retire comfortably
- How to take your family in one grand vacation without thinking about how many paid leave you have left
- How to be the first in your family & friends to have the life you envision

This is the best way to shift your thinking and take radical responsibility.

Avoid panicking, think about how you can improve your situation to avoid this cycle of uncertainties.

When I left my highly successful job and began my business from home I purposely didn’t start drafting any business plan.

I focused on the simplicity & the practicality of it.

I knew that I would only get a sense of real income once I tested my business idea out in the marketplace.

Not on paper for me to see if someone will pay me.

What exactly do you do?

Hope this helps,
Jeng Cua
Deal Addict
Jul 30, 2003
1926 posts
299 upvotes
Toronto
Are you saying a temp laid off is worse than a laid off? With temp laid off, you and your family still qualify for health benefits; continue to accumulate seniority so when the actual laid off comes, you are considered working for the time period you were not at work; have access to company resources. With laid off, you get a one time package, no health benefits, back in the job market competing against many other for a small # of jobs. If the company has no intention of recall, it can just do a formal laid off, rather than going thru the administrative overhead of a temp laid off.

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