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I am about to be recalled to work in the next couple of days. Is it too late to use the temporary layoff as a constructive dismissal due to the fact that they have announced a re-opening date of August 16th on the news.
Thank you for your question. Your employer does not have the inherent right to lay you off, unless you have a term in your employment contract and/or a written agreement that allows the company to do so. If you have accepted a temporary layoff, if you are recalled to work on the same terms and conditions within the prescribed time, but choose not to return, it would amount to a resignation. If your employer fails to recall you, it is a breach of the Employment Standards Act, and may amount to constructive dismissal of your employment under the common law. If you wish to discuss your situation in further detail, please do not hesitate to contact us at the number below.