How long before your employer has to recall you or fire you?


The world is slowly starting to move again, with more and more businesses opening their doors, or bringing employees back into the office.

But not you.

You've been laid off for more than five months now, collecting CERB and now being shuffled onto EI.

There's no doubt that money is getting tight. So, why can't your employer simply fire you, and pay you the severance you deserve, rather than keeping you in limbo?

It turns out, they don't have to.

The Ford government pushed back the timeline for employers to make up their minds.

And it hinges on the end of the state of emergency. The countdown clock started on July 24th, when the state of emergency ended, meaning as of Friday, there's still loads of time left to wait.

"13 weeks if no benefits have been paid and 35 weeks if benefits have been paid, although no salary," according to employment lawyer Howard Levitt.

That's the time you'll have to file a lawsuit for constructive dismissal.

But there's a catch. If your employer starts recalling employees, but not you, then you could have a case.

And there's nothing stopping you from looking for work.

"That's the employers dream, that's why they're doing it. They are hoping their employees find work," says Levitt. That means you'd quit and they wouldn't have to pay severance.