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I am an employer. My business sales went down and I am looking to downsize and relocation. I had 1 full time employee. The employee proposed to be temporary layoff from January 15 till April and we agreed he will continue to work for the company as a part time employee minimum twice per week. I have a recording on the meeting where employee in front of 2 witnesses proposed to layoff hem and agreed to work part time minimum 2 times per week.. He was coming to work on January 23 and 24 and 30 and 31. From February 3 he stops answering the phone, messages and emails. On 4th of February I received a letter from his lawyer stating the employee have been constructively dismissed and that's why he is entitled for the compensation. Until we will negotiate the compensation he will stay at home. We are going to call him back to work from April 1, 2020. He worked with us 5 years. When the employee proposed to layoff him temporarily I contacted the Ministry of Labor, Service Canada and Revenue Canada to ask how it has to be done properly. I did as I was told.. What did I do wrong and what compensation we have to pay if he is coming back to work before 13 weeks finished.

Given the information provided, we are unable to answer your inquiries through this online forum. This is largely because the employee has retained counsel so we would need to ensure there is no conflict of interest in us providing information to you on this matter.

Overall, the facts of this case are unique and require a more in-depth discussion with one of our employment lawyers is required, especially to assess what compensation, if any, you might have to pay this employee. Please contact the number below to schedule a consultation with one of our lawyers.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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