Temporary Layoffs in Brampton

Received a temporary layoff notice? Many employees don't realize that a temporary layoff can legally become a wrongful dismissal if not handled correctly by the employer. Ontario's ESA sets strict limits on how long a temporary layoff can last.

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What Is a Temporary Layoff?

A temporary layoff occurs when an employer temporarily reduces or eliminates an employee's hours without terminating employment. Under the Employment Standards Act, a layoff becomes a termination if it exceeds:

• 13 weeks in any 20-week period, or
• 35 weeks in a 52-week period (with continued benefits)

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Can Your Employer Lay You Off Without Consent?

Many employers believe they have the automatic right to lay off employees — but unless your employment contract explicitly allows it, a layoff without consent may constitute constructive dismissal.

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What You May Be Entitled To

• Termination pay (if the layoff exceeds ESA limits)
• Severance pay (if you qualify)
• Damages for constructive dismissal at common law
• EI benefits during the layoff period

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Contact Us

If you've been laid off and aren't sure of your rights, speak with one of our Brampton employment lawyers today for a free consultation.

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Related Resources

• Temporary Layoffs: What Are Your Rights as an Employee?
• How Ontario Law Protects Employees During Mass Layoffs
• Mass Terminations in Peel: Navigating the New 3-Day Job Seeking Leave for Brampton Workers
• Constructive Dismissal in Brampton: What to Do if Your Hours Are Cut