Facing a job layoff can be a stressful and uncertain time. At Achkar Law, we understand the challenges that come with job layoffs and are here to support you. As experienced layoff lawyers, we are dedicated to helping employees navigate their rights and options to ensure they receive the support and compensation they deserve.

What is a Job Layoff?

A job layoff is a temporary termination from employment, typically due to the seasonality of work, or slow demand for an organization’s products or services. It is important to distinguish a layoff from a permanent dismissal, which constitutes the severing of the employment contract.

Does an Employer Have the Right to Lay Off Employees?

No, employers do not have an automatic right to lay off employees. This right must be either explicitly stated in the employment contract (an express term) or be an obvious aspect of the job (an implied term). For example, an implied term might apply if the work is clearly seasonal.

When Does a Layoff Become a Termination?

Under the Ontario Employment Standards Act, a layoff becomes a termination if it lasts longer than a specified period, typically 13 weeks. After this period, the employer must pay the termination and severance pay required by law, regardless of any terms in the employment contract.

This 13-week layoff period can be extended in certain circumstances, such as when the employee’s benefits are continued during the layoff.

How Achkar Law Can Support Employees Facing LayOffs

At Achkar Law, we understand the uncertainty and stress that come with a job layoff. Our experienced layoff lawyers are dedicated to helping you navigate your rights and secure the best possible outcome. Here’s how we can support you:

1. Legal Advice and Consultation: We provide comprehensive legal advice tailored to your specific situation. During our consultation, we will review the details of your layoff, explain your rights, and discuss your options.

2. Reviewing Layoff Notices and Employment Contracts: Our team will carefully examine your layoff notice and employment contract to ensure that your employer is complying with all legal requirements. We will identify any potential violations and advise you on the best course of action.

3. Negotiating Termination and Severance Packages: If your layoff extends beyond the legal limit and becomes a termination, you may be entitled to severance pay. We will negotiate on your behalf to secure a fair severance package that reflects your years of service, position, and other relevant factors.

5. Representing You in Legal Disputes: If your layoff leads to a legal dispute, Achkar Law will represent you in negotiations, mediations, and court proceedings. Our goal is to protect your rights and achieve a favorable resolution.

6. Providing Guidance on Re-Employment Rights: We offer advice on your rights to re-employment and the options available to you. This includes understanding any obligations your employer may have to rehire you once business conditions improve.

Contact Achkar Law

If you have been laid off and need legal support, contact Achkar Law for a consultation. Our team is here to help you understand your rights and take the necessary steps to protect your future.

Call us toll-free: 1 (800) 771-7882 | email us: [email protected]