We had to do temporarily layoff 10 employees last year. We can only afford to recall 7 of them and need to terminate the others. Other than accrued vacation pay, what other remuneration is required. If it matters, one person found employment, one person refused the recall notice, and one person is still seeking employment.

When a "temporary" layoff transitions to a termination, whether because it has lasted longer than permitted or because the employer moves to outright terminate the laid-off employee, absent "just cause" for the termination, then notice (or pay in lieu of notice) is owed and possibly "severance pay" under the Ontario Employment Standards Act, 2000 ("ESA"). Precisely how much notice/pay in lieu thereof and severance pay (if applicable) is owed depends on (a) whether the affected employees signed a valid/enforceable contract; and if not (b) the length of the employee's period of employment and potentially other factors, including the employee's age and occupation. These amounts will range from minimum notice/severance entitlements prescribed by the ESA to more significant entitlements required under the common law. Depending on the circumstances, the amounts owed could be substantial; we strongly recommend that you seek further advice before taking action in order to fully understand your obligations.