Understanding Your Options if Faced with a Layoff Due to Tariffs
Q: Tariffs have impacted my workplace. I’ve never been laid off before and have worked for the same employer for over 20 years, but my employer told me I might be laid off next week. I can’t afford to pay my bills with employment insurance. Do you I have any options?
A: Yes. Without a contractual right to lay an employee off, a layoff could actually be a termination that may open the door to wrongful dismissal damages. A contractual right can come about in one three ways: First, it can be contained in the employment agreement. Second, it can arise when you’ve been laid off in the past and recalled. Third, you can agree to be laid off.
Without any of these, however, you may have a choice. You can accept the layoff and return when recalled, or you can assert termination, which can open the door to a significant termination package in some cases. A 20-year labourer for instance, if entitled to common law notice, could well be in the range of 14 to 18 months pay.
This article was originally published by The Hamilton Spectator.
