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I have been off work since June 2016 on a temporary layoff

Customer Question
I have been laid off...
I have been laid off work since June 2016 on a temporary layoff status. I have been working for this company since June 1989. My question is if they do not call me back to work, am I entitled to a separation pay? Please let me know my options.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I am from Canada, province of Ontario.
JA: Has anything been filed or reported?
Customer: None
JA: Anything else you want the lawyer to know before I connect you?
Customer: In the course of my work with them during these years, they had laid me off 3 times. My EI will end in April. I am not young anymore.
Submitted: 10 months ago.Category: Canada Law
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Answered in 1 hour by:
1/11/2017
Lawyer: Debra, Lawyer replied 10 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,791
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Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 10 months ago

Yes you are entitled to termination pay if they do not call you back. There is no doubt about that

If that is the case then you will be entitled to receive reasonable notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Lawyer: Debra, Lawyer replied 10 months ago

Is there anything more I can help you with at this point in time?

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