When lay offs become permanent
Whether it starts with wage rollbacks, reduced workweeks or unpaid leaves of absence, being laid off is hard.
But being told you’re being downsized, when you’re really being fired, is much worse,
Too often, employers – either because it has a better ring to it, reduces the emotional pain, or implies that the decision actually had little to do with any one individual – prefer to characterize job loss as a lay off.
But don’t be fooled, warns Toronto employment lawyer Bram Lecker. Allowing someone to convince you that “this is just temporary” when it really isn’t can cost you if you’re not careful.
Employers are required to inform laid-off employees of their true intentions so that harried workers can get on with life and find suitable alternate employment. If not, the consequences will be an enhanced severance package for bad-faith dismissal, he says.
Employers are required to inform laid-off employees of their true intentions so that harried workers can get on with life and find suitable alternate employment. If not, the consequences will be an enhanced severance package for bad-faith dismissal, he says.
In a recent court case, Lecker notes, a restaurant manager with three years of service successfully sued for wrongful dismissal after he was laid off in March but subsequently told in August that his job had actually disappeared altogether.
For other cautionary tips on being laid off, click here.
Tell us: Have you seen temporary turn to permanent this way? Were things handled fairly?
By Gordon Powers, MSN MoneyShare:
Posted by: Karl Kennedy | Oct 30, 2021 11:57:08 AM
I was "restructured" back in July of this year. Something seemed fishy from the start. Others were also let go, but the weird thing was the others had an average of 30 years service, and then me with only 5 years. I was pressured to sign a waiver form to receive a severance package which was good. I did have a phone conversation with a lawyer, who told me upfront, I can sue for a little more, but you'll give it to me in fees, so just accept it and move on. Even though I didn't like it, I signed and the very next day after I faxed it off, a job with all my qualifications etc was posted, but the title was named differently. I know I'm supposed to move on however, this leaves a very bitter taste, and wish I could do something about it. Can there be anything done?
Posted by: James Dean | Oct 30, 2021 2:38:23 PM
They do not change the title's position for nothing. Also, the Job description would be slightly different. Even though we all know that it's for the same job with exactly the same functions, legaly, there's nothing to be done. Instead of Keeping you at whatever salary you were making plus any other expenses paid from their side, they would rather get someone new with probably half the salary that you were making with new conditions. I strongly suggest that you take your lawyer's advice and move on.
Posted by: derek | Oct 30, 2021 3:37:37 PM
why are you giving us a link to a US site regarding this matter.. the regulations are different there. and it is a canadian site.. what a waste of time!
Posted by: ahummerz | Nov 1, 2021 4:20:42 PM
Aw yes the company restructuring. What a joke?????????? Its a continuim of sorts I wonder how the Ceoooooo's and all their Croneys are going to be supported when they 2 are restructured because everyone else is restructered. Cut all the wages and see who can afford to by your junk from dare I say it China???? Slave labour that's where it's at.
Posted by: A Allan | Nov 2, 2021 10:04:47 AM
I was laid off June 30 of this year, along with 200 others after working for a company for over six years. The reason was workforce reduction There was no severance pay, so I was told. In fact, when I asked to see the original contract that I had signed to check whether or not I was entitled to anything, the HR department said they could not find it. On top of that, I never signed any paperwork when I left. I may have to hire a lawyer.
Posted by: Ex Tembecer | Nov 2, 2021 8:59:24 PM
In 2004 Tembec made 2 promises to it's remaining workers in the Cranbrook BC Planer Mill.
DENNIS ROUNSVILLE, Executive Vice President, and President of Tembec's Forest Products Group and Tom Kirk, Human Resources Director for Tembecs BC Division both promised that
1. They would close the Cranbrook Planer in 2007, that promise was kept.
2. They would pay severance to the remaining workers when the mill closed.
Both of these promises were made on paper but apparently weren't worth the paper they were written on, just like the guys that spoke them on behalf of Tembec - their word means nothing.
It's now 2009, we haven't worked since 2007 and this is what they say about the second promise: "To be clear, we have no intent on paying severance" Jean Luc Carrier, Sept. 28 / 09.
They say the mill shut down is indefinite or temporary now with no plans in their forecast to run until 2013. At the end of November/09 the remaining Cranbrook Planer Mill employees who worked for the company for the past 30 + years will be terminated with no severance.
The company was asked how long would the mill have to be shutdown to be considered a permanent shutdown. They wouldn't answer the question.
Unfortunately we are guilty of being too loyal and trusting to Tembec.
We thought they were human and would do the right thing by living up to their promises. By working part time for the last 3 years prior to shutdown our monetary sacrifices were huge, some of us even turned down other job offers because of the promises Tembec had made regarding severance.
We sacrificed for them then, not realizing they were lying and misleading us to cheat us now.
How fair is that?
Cranbrook Planer Mill Employees
www.tembecworker.com
Posted by: Swt Azn Qt | Nov 7, 2021 12:03:41 PM
I already gave 3 chances to Scotiabank and the result is it's the most fucked up job I'm having to dealing with for: 1. breaching employee's rights with Scotiabank, 2. unreasonable amendments made to employee's rights with Scotiabank, 3. as employees get the cheapest pay compared to all other banking institutions, they're also so cheap for not wanting to pay their employees on the job, so, I STRONGLY urge all to NOT work for Scotiabank and to spread the word!