Sentences with phrase «temporary layoff»
A "temporary layoff" refers to a situation where an employee is asked to stop working for a specific period of time, but still remains an employee of the company. It is a temporary pause in employment without termination, often due to reasons such as economic difficulties or a slowdown in business. During this period, the employee does not receive wages, but they usually retain certain benefits like healthcare or job security. Full definition
As can be seen from this case, employers need to be very careful about how they handle temporary layoffs.
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The Cuomo Administration has received a lot of flak over the last several weeks for its handling of temporary layoffs at the SolarCity construction site in Buffalo.
An employee is considered on temporary layoff for a week if in a week, the employee receives less than one - half of the amount the employee would earn at the employee's regular rate in a regular (non-overtime) workweek, and that week is not an excluded week.
However, during temporary layoff employer may not provide a notice.
In at least one instance, he put some of his employees on temporary layoff when he had no work for them, rather than lend them to other divisions.
Workers negotiating for a first contract at Wendt Corp. in Cheektowaga plan to rally outside the plant on Friday, as the company prepares to make temporary layoffs.
If the employee's temporary layoff becomes an indefinitely layoff, this is a termination.
In 2008, the employer initiated a rotating temporary layoff program in which a group of employees were laid off for a period (typically 35 weeks or less) and then recalled...
Written notice of temporary layoff is required and must contain an effective date and an outline of applicable provisions of the ESC.
While there may be some difficulty in classifying those furloughed workers as employed or unemployed, since most were still receiving pay or at least on a temporary layoff, all are included in the workforce numbers, so the shutdown had no effect on participation itself.
And even within industries that are likely to bounce back smartly, temporary layoffs have generally given way to the permanent elimination of jobs, the result of workplace restructuring.
The water main break that flooded the basement at the Gideon Putnam in Saratoga Springs has shuttered the hotel for at least another four weeks and has forced the temporary layoff of 70 employees.
These people have fallen behind because of a temporary layoff or other unavoidable causes.
The key is whether all of the other employees in the department also lost their jobs or whether some have been recalled after a temporary layoff or offered jobs in a different division.
They have tightened budgets through dismissals, temporary layoffs and reduced hours, and by slashing more generous terms of compensation.
The Ontario Superior Court of Justice just confirmed that when an employer attempted to temporarily lay off an employee of 12 years, it actually terminated her because the temporary layoff was made without providing consideration to the employee and was not a possibility included in the employment contract.
Written notice of a temporary layoff to an employee will be required with effective date and referencing applicable provision of the Code.
the employee is on temporary layoff and does not return to work within seven days after being requested to do so in writing by the employer,
Employers were required to consider whether leave should qualify as emergency leave, unpaid sick leave, or a temporary layoff.
Recall notices for temporary layoffs must be in writing.
In my view, there is no room remaining at law for a common law claim for a finding of constructive dismissal in circumstances where a temporary layoff has been rolled out in accordance with the terms of the ESA.
Moore J. ultimately awarded the laid off plaintiff damages for wrongful dismissal finding that the layoff had not been rolled out in accordance with the ESA and, therefore, did not qualify under the temporary layoff provisions of the ESA.
On temporary layoff: when your salaried employee is temporarily laid off during a public holiday
Consequently, in light of the foregoing, and in order to avoid any risk, employers in Québec and Ontario should consider including specific contractual clauses in the contract of employment providing for the possibility of a temporary layoff.
The Ontario Superior Court of Justice (2016 ONSC 4127) ruled that in the absence of an explicit or implicit contractual clause providing for the possibility of a temporary layoff, the employer could not impose a temporary layoff without causing the termination of the employment relationship.
This is because an employer needs to show that the employee has been put on temporary layoff.
The contract of employment did not provide for the ability of the employer to proceed to a temporary layoff.
In first instance (2014 QCCS 3726), the Superior Court of Québec concluded that Mr. Lang was subject to a temporary layoff rather than a constructive dismissal, but nevertheless suggested that he was entitled to the reimbursement of his salary for the period of six (6) months following the layoff along with an indemnity in lieu of prior notice of termination of employment and other damages.
The contract of employment did not contain any clause pertaining to the possibility of a temporary layoff.
Consequently, it appears that it is now possible in Québec to temporarily suspend both the employee's work and the payment of his salary for economic and administrative reasons even if there is no contractual clause providing for the possibility of a temporary layoff in the contract of employment.
The Québec Court of Appeal (2016 QCCA 68) overturned the decision of the Superior Court and concluded that the employer did not have any obligation to pay Mr. Lang his salary despite his temporary layoff for economic reasons.
The employee is laid off for a period that is longer than a temporary layoff.
Termination of Employment (PDF) Covers types of compensation, notice, group terminations, temporary layoffs, wrongful dismissal and termination under collective agreements.
If an employee is temporarily laid off for a period longer than a temporary layoff as set out above, the employer is considered to have terminated the employee's employment.
Although there was no formal contract between the parties, the evidence shows that layoffs are common in the automotive industry, so the court found that a temporary layoff is implied in the contract.
Note: An employer may put an employee on a temporary layoff without specifying a date on which the employee will be recalled to work.
He gave her no assurance, and she considered herself terminated since her temporary layoff had lasted longer than permitted under the Employment Standards Act.
Not only should the possibility of a temporary layoff be stipulated expressly in the employment contract, but time requirements must be respected.
The Act creates a distinction between a temporary layoff of an employee who has a regular workweek and an employee who does not have a regular workweek.
It is important for non-unionized employers to know that it is possible for a temporary layoff without a recall date, or perhaps even with a recall date, to be construed as constructive dismissal, because it may be considered a unilateral change to the employment contract.
Thus, a temporary layoff could be found by a court to go to the root of the employment relationship, entitling the employee to treat the employment contract as breached by the employer.
Based on Wiens's evidence and testimony, she was able to show the court that they were not dealing with a temporary layoff implied in the contract but an indefinite layoff, which amounted to a fundamental breach of the contract.
The policy would have to be communicated to employees well in advance of the temporary layoff so it does not appear that the policy was drafted in contemplation of an impending temporary layoff measure.