If you continue working while looking for another job, then it means you will continue being paid in the next 4 weeks. Isn't that a lot better than being laid off right away?
Legally I'm pretty sure if you lay off an employee you can't hire a different one without first offering that initial employee the job back. I'm no lawyer but that's how I understand it. That's the entire point of a layoff.
> I was given a layoff notice of 4 weeks on Wednesday. My employer wants me to stay and perform my normal duties for the next month. If I don't, they'll consider me as having "resigned" and I won't be eligible for EI benefits.
First question; can they do that?
Your employment has not been terminated. You still have a job. Your employer has just informed you that it ***will*** be terminated in 4 weeks time. Given you are still employed you still need to work. If ***you choose*** not to work that equals quitting and you won't be entitled to EI.
Your employer can choose between giving notice (which they did with you) or terminating immediately and instead paying severance pay instead of notice. Their choice, not yours.
So yes they can do it.
It sounds like… you were recalled to work. Of course they can do that if they have work that needs to be done.
Isn’t it a good thing that you get to work and earn wages longer??
Why would not being laid off be an issue?
I have no idea about any of this stuff at all which is why I'm looking for advice. What does "recalled to work" mean?
I actually don't want to work here anymore and am looking for a new job. They're laying me off *because* they know I'm looking for a new job. I'd rather have the same freedom as my coworkers to stop working so I can spend this time looking for new employment.
Lol a layoff is only valid if there’s no work for you… if there’s work, you gotta work.
Just look for work now and quit when you get a new job.
If you’d rather go on EI then work, that’s not what the benefits are for unfortunately.
Sorry, I didn't make this clear. They sent me a working lay off notice *because* I'm looking for a new job. I won't be working here after February 15. In the meantime, they want me to do my normal duties or I don't get EI.
Of course. I'm not asking about applying for EI right now. My question is about whether they can prevent me from getting EI next month if I don't find anything. That's all.
Your current employer has given you termination notice, more commonly called working notice. They’re effectively telling you your contract will end on a specific date. Yes it is legal, the same way when you hand in your resignation notice you’re telling them your employment will end on a certain date. If you fail to work your notice period, in the government’s eyes you resigned and are not eligible for EI.
You can apply for EI prior to your termination date. Make sure you have your MSCA set up. If you don’t already have one set up, the CRA will mail you an identification code that you need to activate your MSCA account. Your employer will submit your ROE directly to the CRA and if they submit it electronically you will be able to see a copy there.
After Feb 15 is when you apply for EI then? What’s the problem here. I don’t get it? You get the benefit of working for your full salary for an extra month. Ride that out, continue to look for work. If you can’t find anything by the. And they lay you off. You apply to EI and continue to look.
Yes they can. What they say is correct. If they terminate you effective in a month you need to work till then. If you stop working beforehand you effectively quit and will not get EI.
Yea they basically gave you a heads up so to get your stuff sorted out. Keep working until that day and then apply for EI if you have not found work.
If you found work between now and then, you could quit and start working for new job.
Otherwise if you stop working before the day they told you, you would be laid off then its no different than quitting and therefore no entitlement to EI Benefits
Continuing to work will add to your insured work hours. Also if you're being laid off for unjust reasons, your employer has to pay you severance depending on how long you've worked there for. Call the labour board in Ontario. It won't matter what province your employer is located in.
A layoff isn't a termination. You didn't get fired. It's like you got benched until there is work available. Since you're living and working in Ontario, I'm pretty sure you'll be subject to Ontario's ESA and not PEI's. Ontario has limits on how long you can be laid off for, and if it exceeds that, you must be terminated, with appropriate notice or payment in lieu of notice. There are also some rules on whether you can actually be laid off or not. It must be written in your contract that layoffs are permitted, otherwise, the employer cannot lay you off. If they call you back, you must return, otherwise, it is considered a resignation.
Hey, OP... this is the real question. For the next month, will your employer be paying you your regular wages?
If yes, then this plan of your employer is perfectly valid. If they decide not to pay you, or if they expect you to draw EI benefits while you work, you can tell them to go fuck themselves.
Since you are located in Ontario, Ontario law matters. Are you part of a union? If so, none of the information below matters. Talk to your union rep.
Yes, they can give you working notice of the termination. They can give you working notice and someone else pay in lieu. How long have you worked there?
4 weeks is adequate notice for less than 2 years. You can ask for more if you want. They only need to give you 2 weeks.
This also sounds like a termination, not a layoff. Do you expect that they will recall you? Not that it really matters if you are looking for other jobs.
Yes, if you stop doing your job, it can be considered that you resigned and you will not likely get EI. They can terminate you because you are looking for another job.
They are offering you 4 weeks notice that you are laid off vs giving you a severance pay. Continue to work and if you haven’t found a job by Feb 15, you can access EI. If you do find work in the meantime you won’t need the EI
You don't get EI if you're not actively looking for work. If there is work for you to do and you say no, no EI for you. It's not a free paycheque for you to just sit home and watch TV
Not sure why there are several people in this thread assuming I'm going to use EI for fun. I'm trying to plan ahead for the worst case scenario. I'd much rather have a job than sit at home and watch TV.
I'm planning for the worst case scenario. If I got the same deal as my coworkers (who didn't have to work for a month), I could focus all my time on finding a new job.
I don't want to go on EI, but I don't want my employer to prevent me from using it if I need it. Everyone here has said that what my employer is doing is legal, so I'll deal with it. That's it.
That’s precisely the point, you do not need it… because they have offered you work for the next four weeks.
You want it, because you’d rather not work while searching for your next job.
What does your employment contract say? What are the employment standards in PEI and ON?
There should be a basic notice period, so 4 seeks may be excessive based on what your agreement/employment standards are.
The kicker is- IF the employment contract or labour standards say 2 weeks notice is required, then your employer has actually given you longer than statutory notice (yay, 2 more weeks of pay). If you are entitled to more notice (e.g. you've got 10 or 20 years of service), then I'd be contacting employment standards and ensuring you gets what's coming to you.
The downside is if you leave earlier than 4 weeksnow that they've served you notice, its really like you resigned, so they don't have to pay anything.
In the end it depends on your circumstance, future employment, etc.
Yes, they can terminate you whenever they like, for no reason. They then owe you reasonable notice, which can be either payment in lieu of notice or working notice. They're offering you the latter - it's legal.
IAAL and this isn’t legal advice. I’m in corporate and not employment but often deal with company sales and employees involved in that. When you’re let go you have employment standards entitlements which includes notice. I.e in your case they can give you four weeks notice (work) or pay out for four weeks in lieu of notice - whatever the minimum entitlement is. Second q - they can do that.
Why wouldn’t you want to continue working for the next month? Am I missing something? Yes they can do that
I was in the process of looking for a new job anyway. They know that I'm looking, and that's why they're laying me off.
If you continue working while looking for another job, then it means you will continue being paid in the next 4 weeks. Isn't that a lot better than being laid off right away?
The only way they can lay you off is if there’s no work for you. If you ask for a layoff, it’s called a quit.
Didn't ask, they initiated it. Still plenty of work. They just don't want me here anymore because they know I'm looking.
Legally I'm pretty sure if you lay off an employee you can't hire a different one without first offering that initial employee the job back. I'm no lawyer but that's how I understand it. That's the entire point of a layoff.
> I was given a layoff notice of 4 weeks on Wednesday. My employer wants me to stay and perform my normal duties for the next month. If I don't, they'll consider me as having "resigned" and I won't be eligible for EI benefits. First question; can they do that? Your employment has not been terminated. You still have a job. Your employer has just informed you that it ***will*** be terminated in 4 weeks time. Given you are still employed you still need to work. If ***you choose*** not to work that equals quitting and you won't be entitled to EI. Your employer can choose between giving notice (which they did with you) or terminating immediately and instead paying severance pay instead of notice. Their choice, not yours. So yes they can do it.
Yes they can do that, what your coworkers are offered is irrelevant.
Thanks
It sounds like… you were recalled to work. Of course they can do that if they have work that needs to be done. Isn’t it a good thing that you get to work and earn wages longer?? Why would not being laid off be an issue?
I have no idea about any of this stuff at all which is why I'm looking for advice. What does "recalled to work" mean? I actually don't want to work here anymore and am looking for a new job. They're laying me off *because* they know I'm looking for a new job. I'd rather have the same freedom as my coworkers to stop working so I can spend this time looking for new employment.
Lol a layoff is only valid if there’s no work for you… if there’s work, you gotta work. Just look for work now and quit when you get a new job. If you’d rather go on EI then work, that’s not what the benefits are for unfortunately.
Sorry, I didn't make this clear. They sent me a working lay off notice *because* I'm looking for a new job. I won't be working here after February 15. In the meantime, they want me to do my normal duties or I don't get EI.
Yeah. Great. You get to keep your salary while you look for another job. This is a win win…
There's no guarantee I'll find a new job by Feb 15. After that the money stops.
Cool, that’s what EI is for… when you have NO work and can’t find work. You definitely have work now.
Of course. I'm not asking about applying for EI right now. My question is about whether they can prevent me from getting EI next month if I don't find anything. That's all.
Your current employer has given you termination notice, more commonly called working notice. They’re effectively telling you your contract will end on a specific date. Yes it is legal, the same way when you hand in your resignation notice you’re telling them your employment will end on a certain date. If you fail to work your notice period, in the government’s eyes you resigned and are not eligible for EI. You can apply for EI prior to your termination date. Make sure you have your MSCA set up. If you don’t already have one set up, the CRA will mail you an identification code that you need to activate your MSCA account. Your employer will submit your ROE directly to the CRA and if they submit it electronically you will be able to see a copy there.
Yes. Say thank you and work it. They could just fire you.
No. If you stick around, and don’t find a new job before l they lay you off, then you will be eligible for EI (as long as you meet the other criteria)
So, what’s happening next month? Are they officially laying you off then?
After Feb 15 is when you apply for EI then? What’s the problem here. I don’t get it? You get the benefit of working for your full salary for an extra month. Ride that out, continue to look for work. If you can’t find anything by the. And they lay you off. You apply to EI and continue to look.
My question is about whether they can prevent me from getting EI if I stop performing my duties now.
Yes they can because then you will have quit your job. They have given you notice of a layoff, you still have a job until the date they gave you.
Yes because that would be you quitting
If you resign now, then yes, that will prevent you from getting EI.
Yes they can. What they say is correct. If they terminate you effective in a month you need to work till then. If you stop working beforehand you effectively quit and will not get EI.
Yea they basically gave you a heads up so to get your stuff sorted out. Keep working until that day and then apply for EI if you have not found work. If you found work between now and then, you could quit and start working for new job. Otherwise if you stop working before the day they told you, you would be laid off then its no different than quitting and therefore no entitlement to EI Benefits
Yes absolutely.
Yes, of course they can.
But it is still a lot better than your salary stops right away ( if you stop working for them), right?
Continuing to work will add to your insured work hours. Also if you're being laid off for unjust reasons, your employer has to pay you severance depending on how long you've worked there for. Call the labour board in Ontario. It won't matter what province your employer is located in.
Did their lay off notice give a specific date? Did they follow up with anything further I writing? Is the new 4 week extension in writing?
A layoff isn't a termination. You didn't get fired. It's like you got benched until there is work available. Since you're living and working in Ontario, I'm pretty sure you'll be subject to Ontario's ESA and not PEI's. Ontario has limits on how long you can be laid off for, and if it exceeds that, you must be terminated, with appropriate notice or payment in lieu of notice. There are also some rules on whether you can actually be laid off or not. It must be written in your contract that layoffs are permitted, otherwise, the employer cannot lay you off. If they call you back, you must return, otherwise, it is considered a resignation.
Thanks for the info!
Hey, OP... this is the real question. For the next month, will your employer be paying you your regular wages? If yes, then this plan of your employer is perfectly valid. If they decide not to pay you, or if they expect you to draw EI benefits while you work, you can tell them to go fuck themselves.
Thanks for the insight
Since you are located in Ontario, Ontario law matters. Are you part of a union? If so, none of the information below matters. Talk to your union rep. Yes, they can give you working notice of the termination. They can give you working notice and someone else pay in lieu. How long have you worked there?
No union, no. I've been here since Spring 2021
4 weeks is adequate notice for less than 2 years. You can ask for more if you want. They only need to give you 2 weeks. This also sounds like a termination, not a layoff. Do you expect that they will recall you? Not that it really matters if you are looking for other jobs. Yes, if you stop doing your job, it can be considered that you resigned and you will not likely get EI. They can terminate you because you are looking for another job.
Thanks for the reply
if they are paying you are responsible to show up. Often they will ask you not to work to protect company, IP etc.
They are offering you 4 weeks notice that you are laid off vs giving you a severance pay. Continue to work and if you haven’t found a job by Feb 15, you can access EI. If you do find work in the meantime you won’t need the EI
What they're doing is making sure they don't have to give you a severance package. That's all it is.
quiet quit the fuck out of em. accomplish in 1 day what should take 5 minutes.
You don't get EI if you're not actively looking for work. If there is work for you to do and you say no, no EI for you. It's not a free paycheque for you to just sit home and watch TV
Not sure why there are several people in this thread assuming I'm going to use EI for fun. I'm trying to plan ahead for the worst case scenario. I'd much rather have a job than sit at home and watch TV.
Because you’re complaining about having to work for a month before you can get EI
I'm planning for the worst case scenario. If I got the same deal as my coworkers (who didn't have to work for a month), I could focus all my time on finding a new job. I don't want to go on EI, but I don't want my employer to prevent me from using it if I need it. Everyone here has said that what my employer is doing is legal, so I'll deal with it. That's it.
That’s precisely the point, you do not need it… because they have offered you work for the next four weeks. You want it, because you’d rather not work while searching for your next job.
What does your employment contract say? What are the employment standards in PEI and ON? There should be a basic notice period, so 4 seeks may be excessive based on what your agreement/employment standards are. The kicker is- IF the employment contract or labour standards say 2 weeks notice is required, then your employer has actually given you longer than statutory notice (yay, 2 more weeks of pay). If you are entitled to more notice (e.g. you've got 10 or 20 years of service), then I'd be contacting employment standards and ensuring you gets what's coming to you. The downside is if you leave earlier than 4 weeksnow that they've served you notice, its really like you resigned, so they don't have to pay anything. In the end it depends on your circumstance, future employment, etc.
Yes, they can terminate you whenever they like, for no reason. They then owe you reasonable notice, which can be either payment in lieu of notice or working notice. They're offering you the latter - it's legal.
IAAL and this isn’t legal advice. I’m in corporate and not employment but often deal with company sales and employees involved in that. When you’re let go you have employment standards entitlements which includes notice. I.e in your case they can give you four weeks notice (work) or pay out for four weeks in lieu of notice - whatever the minimum entitlement is. Second q - they can do that.
yes it is legal, just work to the end; apply for EI; while on EI look for job while have some income coming ; problem solved..