Laid Off in Ontario: Do I Have Recall Rights?
Most non-union employees in Ontario have no legal right to be recalled after a layoff. A layoff that runs too long is not a pause, it is a termination that triggers severance.
Key takeaways
- Most non-union employees have no legal right to recall after a layoff.
- A temporary layoff has ESA time limits (roughly 13 weeks in 20, or up to 35 in 52 with conditions).
- Exceeding the limit turns the layoff into a termination with severance owed.
- Unless your contract allowed it, even a short layoff can be a constructive dismissal.
- Unionized workers may have recall rights under their collective agreement.
In this article
After a layoff, a lot of people wait by the phone assuming the employer has to bring them back. For most non-union employees in Ontario, that is not how it works. There is generally no legal duty to recall you, and a layoff that drags on is not a holding pattern, it is a termination that entitles you to severance. Here is what your rights actually are.
✅Quick answer. Most non-unionized Ontario employees have no legal right to be recalled after a layoff. The ESA lets an employer lay you off temporarily only within time limits, generally up to 13 weeks in any 20, or up to 35 weeks in any 52 if certain conditions are met (like continued benefits). Go past the limit and the layoff becomes a termination, entitling you to termination and severance pay. And unless your contract clearly allowed layoffs, even putting you on a temporary layoff at all can be a constructive dismissal you can treat as a firing. Unionized employees are different: recall rights usually come from the collective agreement.
There is usually no duty to recall you
For non-union employees, the law does not give a general right to be brought back after a layoff, and there is no queue or seniority rule requiring the employer to recall you before hiring others. What the ESA does instead is limit how long a temporary layoff can last before it legally becomes a termination. So the real protection is not recall, it is the clock.
The temporary-layoff time limits
- Up to 13 weeks in any 20-week period: a layoff within this window is a temporary layoff under the ESA.
- Up to 35 weeks in any 52-week period: a longer temporary layoff is allowed only if certain conditions are met, such as the employer continuing benefits or making certain payments.
- Past the limit: the layoff is deemed a termination as of the first day, and you are owed termination pay and, if you qualify, severance pay, plus your common-law entitlement.
A layoff can be a dismissal from day one
Here is the part employers count on you not knowing. Unless your employment contract clearly gave the employer the right to lay you off, imposing a layoff at all can be a constructive dismissal. That means you may not have to wait out the ESA clock at all, you can treat the layoff as a termination and pursue full severance now. Whether that is the right move depends on your situation, so it is worth advice before you decide.
What should you do if you are laid off?
- 1.Note the date the layoff started and track how long it lasts against the ESA limits.
- 2.Check your contract for any clause that expressly permits temporary layoffs.
- 3.Keep your benefits and pay records; whether benefits continued affects the 35-week rule.
- 4.Get advice early, since a layoff can often be treated as a termination with a full severance claim right away.
Waiting for a recall that may never come can cost you. See temporary layoffs and constructive dismissal and, for the bigger picture, severance pay in Ontario. If you have been laid off, a severance review will tell you whether you should be waiting or claiming.
Frequently asked questions
Do I have recall rights after a layoff in Ontario?
Usually not, if you are non-unionized. There is generally no legal duty to recall you. Instead, the ESA limits how long a temporary layoff can last before it becomes a termination that entitles you to severance.
How long can a temporary layoff last in Ontario?
Generally up to 13 weeks in any 20-week period, or up to 35 weeks in any 52-week period if certain conditions are met, such as continued benefits. Past the limit, the layoff is deemed a termination.
Can I treat a layoff as a firing right away?
Often yes. Unless your contract clearly allowed layoffs, imposing one can be a constructive dismissal, so you may be able to treat it as a termination and claim full severance now rather than waiting out the ESA clock. Get advice first.
Do unionized employees have recall rights?
Frequently yes. Recall rights for unionized workers usually come from the collective agreement, which is a different system from the common-law and ESA rules that govern non-union employees.
Marcus Bello
Legal Writer, Mirza Law
Marcus Bello is a legal writer at Mirza Law in Toronto.
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