Lay-offs

Old Mar 20th 2020, 6:24 am
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Default Lay-offs

Lots of use of the phrase lay-off at the moment, or temporary lay-off .

What does it actually mean? Are you still an employee of the company, and they have to take you back?

What if the company folds or they don’t have sufficient work to take everyone back?

By my understanding it might be better in the short term to be formally laid off at the moment because you can apply for EI straight away.

Just interested in people’s experience, thx
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Old Mar 20th 2020, 6:27 am
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Default Re: Lay-offs

Oh bugger, this was supposed to be in main Canada forum, if an Admin can move it, I’d be much obliged!
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Old Mar 20th 2020, 6:37 am
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Default Re: Lay-offs

Probably varies by province a bit, but here is the info for BC

https://www2.gov.bc.ca/gov/content/e...ion#laying-offAn employee is laid off when they're given less work or no work – with the plan that the employee will return to a regular work schedule. If an employee’s hours are reduced, they are considered laid off as soon as they earn less than 50 percent of their weekly wages at the regular rate (averaged over the previous eight weeks).

Layoffs can be considered a termination of employment and employers must give written notice and/or pay compensation to employees.

Some layoffs are considered temporary – they can only happen if:
  • The layoff is part of an employment contract
  • The layoff is a normal part of the industry (e.g. in the logging industry where work cannot be performed during “break-up”)
  • The employee agrees to the layoff
Temporary layoffs can only be:
  • Up to 13 weeks in a period of 20 weeks (about three months in a period of five months)
OR
  • A period of time in which an employee covered by a collective agreement has the right to be recalled
If the temporary layoff is longer than this, it becomes a termination of employment. The start of the layoff is the termination date and the employer must give pay for length of service based on this date.
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Old Mar 20th 2020, 7:18 am
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Default Re: Lay-offs

Originally Posted by ann m View Post
Oh bugger, this was supposed to be in main Canada forum, if an Admin can move it, I’d be much obliged!
Your wish is my command!
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Old Mar 20th 2020, 1:10 pm
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Default Re: Lay-offs

In our industry people get the boot and that's that, they're not eligible for EI or other support payments.. I except an axe to fall today. I think one might quickly see knock on effects at the boarding barn where some horse owners are; pilot, flight attendant, event coordinator, wife of chef. Already people who train horses and riders have no income.
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Old Mar 20th 2020, 3:01 pm
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Default Re: Lay-offs

I am likely to be laid off next week, I had a shift Monday, Tuesday and have one on Saturday, I'm one of the lucky ones in that I've had some shifts. The owners are talking about whether to remain open or close for cost effectiveness. They will make a decision when the get back from Mexico this weekend.

OH's place of work is asking for volunteers to go on 2 month lay offs. OH, has not been asked as of yet. He has enough work to keep him full time into next week, who knows what happens after that, he may go to on call.

I can see my employers using this situation to alter working hours/pay when things start going back to normal.
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Old Mar 20th 2020, 3:26 pm
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Default Re: Lay-offs

Among the many 'coronavirus' emails I've been getting from all sorts about how they are operating is one from Walmart that says they are recruiting 10,000 new associates.
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Old Mar 20th 2020, 3:41 pm
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Default Re: Lay-offs

Originally Posted by Piff Poff View Post
.... when things start going back to normal.
When the dust settles, there will be no "normal" to go back to.
Originally Posted by BristolUK View Post
Among the many 'coronavirus' emails I've been getting from all sorts about how they are operating is one from Walmart that says they are recruiting 10,000 new associates.
Domino Pizza is hiring thousands too.
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Old Mar 20th 2020, 3:45 pm
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Default Re: Lay-offs

Originally Posted by ann m View Post
Lots of use of the phrase lay-off at the moment, or temporary lay-off .

What does it actually mean? Are you still an employee of the company, and they have to take you back?

What if the company folds or they don’t have sufficient work to take everyone back?

By my understanding it might be better in the short term to be formally laid off at the moment because you can apply for EI straight away.

Just interested in people’s experience, thx
In Alberta, as long as an employer pays the appropriate amount of severance, no reason need be given to fire somebody. That being the case, no employer has to rehire a previously fired employee. If an employee claims constructive dismissal, the Court may order the employer to rehire the employee or award damages. The latter is preferred by the Courts as the relationship is likely irretrievably broken down.

Whether an employee is fired, or laid off, makes little difference in the legal context,is simply semantics and doesn't absolve the employer from their legal obligations.

What the government, at all levels, decides to do about the current situation is not particularly clear but makes for good tv when politicians state that they "have everyone's backs" Paying an employer 10% of payroll will, likely, do little to ensure that some employers wish to retain employees if this situation continues for more than a week or two, if the employer relies upon foot traffic to obtain receipts. Clearly, the employers will be looking at the cost of paying the employees and retaining them, versus the cost of paying severance.
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Old Mar 20th 2020, 5:50 pm
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Default Re: Lay-offs

Originally Posted by Pulaski View Post
Domino Pizza is hiring thousands too.
There's a certain sense to that one.
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Old Mar 20th 2020, 10:05 pm
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Default Re: Lay-offs

As an employer we are lucky that we do not have to lay anyone off.

It is not easy though especially if they are small to medium size businesses. In most small to medium business they are operating on the margins anyway and are not in a position to keep their business going without daily income.

Where they were incorporated and managed to save a reserve, they changed the tax rules last year to prevent companies holding more than $50K in reserves. Anything above that had to be shown to be for specific investment in the company or it was taxed to death. So most do not have a rainy day fund now and it is raining hard.
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Old Mar 20th 2020, 10:13 pm
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Default Re: Lay-offs

One of the pet stores we go to for the dog is closing until further notice, however they were smart and built an online presence in the last 10-12 years so they are still doing online orders and delivery for now. One fish store also has a substantiation online presence and is still open but seem to limiting who can physically enter the store, preferring people order online or call in and curbside pick up.

I've noticed a lot of small business in Canada that could have online presence have chosen not to, and I think those will hurt the most. Its 2020 if your a retailer of any size you need online sales. The ones who were slow to adapt to the internet or chose not to be online are probably gonna go first.
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Old Mar 21st 2020, 3:28 am
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Default Re: Lay-offs

Originally Posted by dbd33 View Post
In our industry people get the boot and that's that, they're not eligible for EI or other support payments..
Must be for cause at your company than ( eg gross misconduct, absenteeism) because if you get sacked without cause (eg because a manager just doesn’t like you but doesn’t have enough evidence to fire you for cause) you are eligible for EI

I know because it’s happened to me
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Old Mar 21st 2020, 5:26 am
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Default Re: Lay-offs

Thank you all, interesting (and I suppose I could have Googles it!) but I was interested to understand what you were understanding, and experiencing.
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Old Mar 21st 2020, 5:52 am
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Default Re: Lay-offs

Originally Posted by beckiwoo View Post
Must be for cause at your company than ( eg gross misconduct, absenteeism) because if you get sacked without cause (eg because a manager just doesn’t like you but doesn’t have enough evidence to fire you for cause) you are eligible for EI

I know because it’s happened to me
I really dislike that EI criteria, who cares if you got fired for a reason, just because you made a mistake (or the boss thinks you made a mistake) then you're no longer eligible for any help? It's stupid, you're still out of a job. You should always get EI in my opinion, the government should change that.
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