[COVID-19] Alberta Temporary Layoffs: What Employees Need to Know
Update: Alberta Temporary Layoff has been extended to 180 days. Click here to read more.
This information is currently being updated to reflect the developing legal landscape in Alberta. Please check back later for the updated article.
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I was layed off March 31 with no notice for 60 days. I was employed for longer than 10 years. And they extended my layoff for an additional 60 days. Now they are requesting that I call to discuss returning to work but in a totally different roll. What are the guidelines for reasonable alternative work? Do I have to accept the job they are offering? If I don’t would I be eligible for severance pay? And continue to be eligible for EI benefits?
Hi Cori,
We would be pleased to assist you with your inquiry. Please feel free to contact me directly at jstewart@west-legal.ca, so that I can book you in for a consultation to discuss your matter in more detail.
If an employee on a temporary layoff finds another job and will no longer be working with the previous company are they still entitled to their termination pay (severance)?
Hi Alexia,
If you voluntarily resign from your previous employment to start working at another job, you will generally not be entitled to termination pay or severance.
Hello,
I was given a temporary layoff notice by my employer through email 2 weeks ago. A week after that, they called me and said that they wanted to have me back. I was told by Alberta Labour Standards that notice must be in writing therefore, their recall is invalid. What are my options now?
Hello Faye,
I would be happy to advise you on your potential options regarding your recall notice. Feel free to contact me directly at jstewart@west-legal.ca and I can book you in for a consultation.
Hey Jeneba,
On my paperwork, dated and presented to me on April 2, 2020, it states that my temporary layoff is effective April 8, 2020. Now, I understand that the ESC was amended on April 6, 2020 (?), in which the temporary layoff period was extended to 120 days but I was just wondering, since I was given notice on the 2nd, does the amended ESC supersede my notice and now my employer is no longer required to recall me within the 60 days, if they wish to not terminate my employment?
Also, I know it may not mean much, as it was not in writing and was just verbally communicated to me but both my manager and her superior expressed the 60 day stipulation to me.
Thanks
Hello Elle,
I would be happy to advise you on your rights pursuant to a temporary layoff. Feel free to contact me directly at jstewart@west-legal.ca and I can book you in for a consultation.
I was laid off in March due to the covid 19, does my employer have to hire me back when they open their retail business ess and if so, at the same rate of pay and status of seniority that I was at?
Hello Nancy,
An employer is not obligated to recall an employee after a period of temporary layoff. If the employee is not recalled before the end of the temporary layoff period (which is currently 120 days in Alberta), their employment is deemed terminated and they may be entitled to severance pursuant to employment legislation, the common law and/or the terms of their employment contract. In general, an employee should be recalled under the original terms of their employment, however the law does require an employee to be reasonable given the circumstances, and some change may be ok. If you are terminated from your employment, or are hired back under different terms, it would be a good idea to seek legal advice about your options.