Getting Laid Off - Revision history

Drew Jackson: /* Legal advice */

2023-11-08T00:10:34Z

Legal advice

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	:'''People’s Law School'''		:'''People’s Law School'''
	:See more options for free or low-cost legal help.		:See more options for free or low-cost legal help.
	:[https://www.peopleslawschool.ca/options-legal-help/~~?utm_source=beagle~~ Visit website]		:[https://www.peopleslawschool.ca/options-legal-help/ Visit website]

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Drew Jackson: /* Work out the problem */

2023-11-08T00:09:37Z

Work out the problem

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	==Work out the problem==		==Work out the problem==
	~~===The steps involved===~~
	~~There are steps you can take if you’re laid off.~~

	~~'''~~Step 1~~'''~~. Tell your employer if you ~~don’t~~ consent to the ~~layoff~~		===Step 1. Tell your employer if you don't consent to the layof===
	~~'''Step 2'''. Make an employment standards complaint~~

			If you don’t consent to the layoff, let your employer know right away. Do it in writing. Keep a copy.

	===~~More on each step~~===		===Step 2. Make an employment standards complaint===
	~~'''Step 1. Tell your employer if you don't consent to the layoff'''<br>~~
	~~If you don’t consent to the layoff, let your employer know right away. Do it in writing. Keep a copy.~~

	~~'''Step 2. Make an employment standards complaint'''<br>~~
	You can challenge the layoff. If you’re covered by employment standards law, you can '''make a complaint''' to the government office that administers that law.		You can challenge the layoff. If you’re covered by employment standards law, you can '''make a complaint''' to the government office that administers that law.

Drew Jackson: /* What you should know */

2023-11-08T00:08:27Z

What you should know

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	There are rules around how much notice (or pay) an employer needs to give — and when they don't need to give any (such as if they had '''just cause''' to fire you). See our guidance on [https://dialalaw.peopleslawschool.ca/how-much-notice-employer-needs-to-give/ how much notice an employer needs to give] and [https://dialalaw.peopleslawschool.ca/if-you-are-fired/ if you are fired].		There are rules around how much notice (or pay) an employer needs to give — and when they don't need to give any (such as if they had '''just cause''' to fire you). See our guidance on [https://dialalaw.peopleslawschool.ca/how-much-notice-employer-needs-to-give/ how much notice an employer needs to give] and [https://dialalaw.peopleslawschool.ca/if-you-are-fired/ if you are fired].


	===In limited circumstances, an employer can lay off workers temporarily===		===In limited circumstances, an employer can lay off workers temporarily===

Elena Renderos: Elena Renderos moved page Getting Temporarily Laid Off (No. 281) to Getting Laid Off: change title

2023-10-11T05:45:13Z

Elena Renderos moved page Getting Temporarily Laid Off (No. 281) to Getting Laid Off: change title

← Older revision	Revision as of 05:45, 11 October 2023
(No difference)

Elena Renderos at 03:46, 7 October 2023

2023-10-07T03:46:18Z

Show changes

Drew Jackson at 22:17, 29 March 2019

2019-03-29T22:17:29Z

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	{{REVIEWEDPLS \| reviewer = [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch\|date= October 2017}} {{Dial-A-Law TOC\|expanded = work}}		{{REVIEWEDPLS \| reviewer = [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch\|date= October 2017}} {{Dial-A-Law TOC\|expanded = work}}
	Your employer says they have to lay you off or asks you to work fewer hours “until things pick up”. Learn your rights if you're temporarily laid off from work.		Your employer says they have to lay you off or asks you to work fewer hours “until things pick up”. Learn your rights if you're '''temporarily laid off''' from work.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [http://www.esdc.gc.ca/ esdc.gc.ca]		:Web: [http://www.esdc.gc.ca/ esdc.gc.ca]


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Elena Renderos at 06:08, 29 March 2019

2019-03-29T06:08:24Z

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	{{~~Dial~~-A-~~Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch\|date= October 2017}} {{Dial-A-Law TOC\|expanded = work}}

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	Your employer says they have to lay you off or asks you to work fewer hours “until things pick up”. Learn your rights if you're temporarily laid off from work.		Your employer says they have to lay you off or asks you to work fewer hours “until things pick up”. Learn your rights if you're temporarily laid off from work.

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	Your employer must prove they had the right to lay you off for one of these reasons. Even then, the law limits the length of the layoff. We explain this shortly.		Your employer must prove they had the right to lay you off for one of these reasons. Even then, the law limits the length of the layoff. We explain this shortly.

	Outside of the situations above, if your employer lets you go temporarily, you have the same rights as someone who gets fired without just cause. That means your employer must give you '''notice''' or '''severance pay'''. See our guidance on [[If You~~'re~~ Fired - Wrongful Dismissal (~~Script~~ 241)\|if you are fired (no. 241)]].		Outside of the situations above, if your employer lets you go temporarily, you have the same rights as someone who gets fired without just cause. That means your employer must give you '''notice''' or '''severance pay'''. See our guidance on [[If You Are Fired: Wrongful Dismissal (No. 241)\|if you are fired (no. 241)]].

	===The law limits the length of any layoff===		===The law limits the length of any layoff===
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	If the layoff lasts more than 13 weeks in a 20-week period, it can no longer be called “temporary”. At that point, it’s as if you were fired without just cause on the first day of the layoff.		If the layoff lasts more than 13 weeks in a 20-week period, it can no longer be called “temporary”. At that point, it’s as if you were fired without just cause on the first day of the layoff.

	The 20-week period begins on the first day of the layoff. The 13-week period is exceeded on the first day of the 14th week of layoff. If your employer misses the deadline to recall you to work, you now have the same rights as someone who was fired without just cause. In particular, you have the right to notice, severance pay, or some combination of the two. See our guidance on [[If You~~'re~~ Fired - Wrongful Dismissal (~~Script~~ 241)\|if you are fired]].		The 20-week period begins on the first day of the layoff. The 13-week period is exceeded on the first day of the 14th week of layoff. If your employer misses the deadline to recall you to work, you now have the same rights as someone who was fired without just cause. In particular, you have the right to notice, severance pay, or some combination of the two. See our guidance on [[If You Are Fired: Wrongful Dismissal (No. 241)\|if you are fired]].

	(Your employer can apply to Employment Standards BC to extend the 13-week period.)		(Your employer can apply to Employment Standards BC to extend the 13-week period.)
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	If your contract doesn’t provide for temporary layoffs — and you don’t work in an industry where they’re standard practice — your employer can’t temporarily lay you off. It’s against the law. Let your employer know right away (in writing) that you don’t consent to being laid off.		If your contract doesn’t provide for temporary layoffs — and you don’t work in an industry where they’re standard practice — your employer can’t temporarily lay you off. It’s against the law. Let your employer know right away (in writing) that you don’t consent to being laid off.

	If your employer follows through with the layoff, your rights are affected. You’re now being fired without just cause. (See our guidance on [[If You~~'re~~ Fired - Wrongful Dismissal (~~Script~~ 241)\|if you are fired]].) That means you can start a claim against your employer to collect '''severance pay'''.		If your employer follows through with the layoff, your rights are affected. You’re now being fired without just cause. (See our guidance on [[If You Are Fired: Wrongful Dismissal (No. 241)\|if you are fired]].) That means you can start a claim against your employer to collect '''severance pay'''.

	Download the [https://www2.gov.bc.ca/assets/gov/employment-business-and-economic-development/employment-standards-workplace-safety/employment-standards/self-help/self_help_kit.pdf self-help kit] from the BC [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Employment Standards Branch]. It contains a step-by-step guide on how to bring a claim against your employer. It includes a request for payment form together with a letter you submit to your employer.		Download the [https://www2.gov.bc.ca/assets/gov/employment-business-and-economic-development/employment-standards-workplace-safety/employment-standards/self-help/self_help_kit.pdf self-help kit] from the BC [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Employment Standards Branch]. It contains a step-by-step guide on how to bring a claim against your employer. It includes a request for payment form together with a letter you submit to your employer.
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	:Web: [http://www.esdc.gc.ca/ esdc.gc.ca]		:Web: [http://www.esdc.gc.ca/ esdc.gc.ca]



	~~[updated October 2017]~~

	'''The above was last reviewed for legal accuracy by [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch.'''

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Drew Jackson: Drew Jackson moved page Getting Temporarily Laid Off (Script 281) to Getting Temporarily Laid Off (No. 281): align with new Dial-A-Law website

2019-03-22T00:07:08Z

Drew Jackson moved page Getting Temporarily Laid Off (Script 281) to Getting Temporarily Laid Off (No. 281): align with new Dial-A-Law website

← Older revision	Revision as of 00:07, 22 March 2019
(No difference)

Dial-A-Law: /* If you’re laid off */

2019-02-23T07:28:08Z

If you’re laid off

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	:Web: [http://gov.bc.ca/employmentstandards gov.bc.ca/employmentstandards]		:Web: [http://gov.bc.ca/employmentstandards gov.bc.ca/employmentstandards]

	Employment and Social Development Canada can help you bring a claim against your employer if you work in a federally-regulated industry.		'''Employment and Social Development Canada''' can help you bring a claim against your employer if you work in a federally-regulated industry.
	:Toll-free: 1-800-641-4049		:Toll-free: 1-800-641-4049
	:Web: [http://www.esdc.gc.ca/ esdc.gc.ca]		:Web: [http://www.esdc.gc.ca/ esdc.gc.ca]

Dial-A-Law: /* What if my contract says I can be laid off? */

2019-02-23T07:27:39Z

What if my contract says I can be laid off?

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	===What if my contract says I can be laid off?===		===What if my contract says I can be laid off?===
	In this case your employer '''is''' legally allowed to lay you off or reduce your hours of work. However, unless your contract says otherwise, [http://canlii.ca/t/8405 the law] sets a limit on how long your layoff can be, as explained above.		In this case your employer '''is''' legally allowed to lay you off or reduce your hours of work. However, unless your contract says otherwise, [http://canlii.ca/t/8405 the law] sets a limit on how long your layoff can be, as explained above.

	There may be other terms and conditions attached. For example, your contract may state that your employer has to pay you a certain percentage of your regular wage while you’re laid off. It may also say you’re allowed to look for other work in your down time. However, you should always be ready to return to work during the layoff period. If you refuse work, you weaken your claim. The employer may claim that you quit.		There may be other terms and conditions attached. For example, your contract may state that your employer has to pay you a certain percentage of your regular wage while you’re laid off. It may also say you’re allowed to look for other work in your down time. However, you should always be ready to return to work during the layoff period. If you refuse work, you weaken your claim. The employer may claim that you quit.