Recalled from a Temporary Layoff (5 Things to Remember) - Employment Law Show: S4 E25

5 Things to Remember When Being Recalled from a Temporary Layoff on the Employment Law Show with employment lawyer Lior Samfiru. Discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia and Alberta on Season 4 Episode 25 of the only employment law show on TV.

Called back from a temporary layoff

**CONTENT DATED TO MAY 2020**

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*FEATURED ON THIS EPISODE...*

0:00 - Intro

🔹 2:00 - WEEK THAT WAS - Employment Lawyer Lior Samfiru explains that an employee with asthma and a hear condition was told not to return to work during the COVID-19 pandemic by his doctor. His employer told him that if he didn't return to work, he would be considered to have resigned. Lior explains that the employer in this situation is incorrect, and can't force the employee to return to work.

📞 5:07 - CALL: Moved from Salary to Commission

📞 8:35 - Independent Contractor Laid Off

▶️ Recalled from a Temporary Layoff: 5 Things to Remember

1️⃣ You have a right to return to a safe workplace (13:32)

2️⃣ You have a right to earn the same pay, hours of work and job you had before the layoff (15:07)

3️⃣ You do not have to sign a new employment contract (16:41)

4️⃣ Your seniority does not start back at zero (17:54)
• A temporary layoff does not impact the length of service, or amount of time, you have spent working for your employer. Therefore, if you are laid off permanently after being brought back to work, your severance would be based on your entire time spent at the company, uninterrupted by the layoff.

5️⃣ If you aren’t recalled to work, you are owed severance pay (19:09)

📞 20:48 - CALL: Fired Over Sick Leave Doctor's Note
A caller from the Employment Law Show - I took a sick leave after I began suffering from symptoms similar to COVID-19. I provided my employer with a medical note from my doctor, but they weren’t satisfied with it, and they fired me. What are my options?

📞 24:39 - CALL: Severance Pay Amount During COVID-19
I’m currently on a temporary layoff. Coworkers with around 30 years of service has just been laid off and given about 1 year of severance pay. I, too, have 30 years with the company. Will the courts cut the amount of severance pay people can get during COVID-19?

❓ 26:37 - Bonus, Overtime Pay Stopped

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