If you were laid off due to COVID, does your employer have to hire you back?

Legal Moment on 980 CFPL


[phone ringing]
Receptionist: Cohen Highley
Announcer: And now the Cohen Highley Legal Moment on 980 CFPL.
Announcer: I’m with Matt Chapman from Cohen Highley Lawyers. If you were laid off due to COVID, does your employer have to hire you back?
Matt Chapman: Normally, an employer can’t layoff an employee unless it’s agreed to in a written contract, and even then, there are time limits for how long that layoff can last. Due to the pandemic the government temporarily suspended the normal rules and this has allowed indefinite layoffs through deemed unpaid infectious disease emergency leave.
Announcer: Temporarily?
Matt Chapman: Yes, the suspension was temporary, however, as the pandemic wore on it was extended multiple times. It is now currently set to expire September 25th.
Announcer: So this means?
Matt Chapman: Unless the temporary suspension is extended, if you were laid off during the pandemic, your employer either needs to bring you back or terminate your employment this month. If they do terminate you, we strongly suggest you discuss your termination with a lawyer as you may have significant entitlements beyond what the Employment Standards Act provides for compensation.
Announcer: Thanks Matt. This has been the Cohen Highley Legal Moment.
Singers: Cohen Highley, we’re listening.  cohenhighley.com


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