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Difference between revisions of "Getting Laid Off"

From Clicklaw Wikibooks
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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're Fired - Wrongful Dismissal (Script 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.


If you aren’t able to solve the problem using the self-help kit, you can file a complaint with the Employment Standards Branch. You must file your complaint '''within six months''' of the day your employment ended. For more on the process, you can call the Branch toll-free at 1-800-663-3316, or visit [http://gov.bc.ca/employmentstandards  gov.bc.ca/employmentstandards].  
If you aren’t able to solve the problem using the self-help kit, you can file a complaint with the Employment Standards Branch. You must file your complaint '''within six months''' of the day your employment ended. For more on the process, you can call the Branch toll-free at 1-800-663-3316, or visit [http://gov.bc.ca/employmentstandards  gov.bc.ca/employmentstandards].


===What if my contract says I can be laid off?===
===What if my contract says I can be laid off?===
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