Temporary Layoff

Temporary Layoff Lawyers

Don't Wait for a Recall

In most cases, a temporary layoff is a termination in the eyes of the law
You can claim your full severance now, instead of waiting for a recall
Your employer can't lay you off without pay unless your contract allows it
Credentials

Licensed. Regulated. Accountable.

Mirza Law is a regulated law practice. Our attorneys are licensed by the Law Society of Ontario and carry mandatory professional liability insurance.

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Confidential

Your partner toyour full severance.

A layoff isn't a pause, it's a 100% pay cut. You don't have to wait for a recall. Mirza Law gets back what you're owed, so you can move on.

Do not sign anything.

One signature settles everything: your notice, your bonus, your benefits, your claim. Get the offer checked first. The review is free.

Severance Package
Am I owed more?
Employee signature
Anatomy of an Offer

Your offer letter, annotated.

Re: Termination of Employment — Severance Offer

Dear Employee,

"This offer represents two (2) weeks' pay per year of service"

There is no weeks-per-year rule. Courts set severance by your age, your role, and your length of service. For most people it's measured in months.

"Payment has been calculated based on your base salary"

Your bonus, commissions, benefits, and pension count too. An offer built on salary alone is almost always too low.

"This offer is made in accordance with the Employment Standards Act"

The minimum the law allows is the floor, not the real number. Most employees are owed the common law amount, which sits on top of it.

"This offer remains open until Friday at 5:00 p.m."

Their deadline, not yours. Your claim is good for two years. Deadlines like this exist to get a signature before you get advice.

"In exchange, you agree to release all claims against the company"

The only sentence in the letter you can't undo. Everything above it can still change. This one can't, once you sign.

Sincerely,
Human Resources

"A temporary layoff isn't a pause. It's a 100% pay cut, and in most cases the law treats it as a termination."

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From offer
to what you're owed

01

Free review

Send your termination letter, your offer, and your employment contract. We read the fine print and work out what you're really owed, not just the legal minimum.

02

Negotiation

We send your employer the real number in writing, with the court cases that back it up. Most claims settle right here, with no courtroom. We push until the offer matches what you're owed.

03

Resolution

We check the fine print on the release, you sign, and your settlement lands in your bank account. This chapter closes and you move forward on your terms.

What could you be owed?

Courts decide reasonable notice using your age, position, tenure, and the job market. Run your numbers.

The Full Package

Your severance isn't just salary.

The estimate above is computed on salary alone. Severance is owed on what you actually earned: average bonus, commission, benefits continuation, pension match. If it was part of your pay, it's part of your severance.

The free review prices every line.

Your severance
Base salaryin the offer
Average bonusowed
Commissionowed
Benefits continuationowed
Pension / RRSP matchowed
Vacation payowed
TotalThe full package
Amir Mirza, Managing Attorney of Mirza Law
Law Society of Ontario

Amir Mirza

Managing Attorney

Licensed: 2017

Temporary layoffs in Ontario, explained

Can they put you on a temporary layoff at all?

Usually not without your agreement. Unless your contract clearly lets them, or you've agreed to it before, an employer can't just stop paying you and call it temporary. A layoff you never signed up for is often treated as a firing, which means you can claim full severance instead of waiting around for a recall.

“Temporary” still means your pay went to zero

A temporary layoff is a 100% cut to your income, and the law often treats that as a firing, what's called a constructive dismissal. The word temporary doesn't change the fact that the money stopped. If they had no right to do it, you can claim full severance, the same as if they'd let you go outright.

“Slow business” or “the season” isn't enough

A genuine reason, a quiet stretch, a slow season, doesn't give an employer the right to stop paying you unless your contract or your agreement allows it. “Everyone in the industry does it” is not the same as “you agreed to it.” If you didn't, an unpaid layoff can still be a termination.

The 13-week limit is a distraction

The Employment Standards Act puts limits on layoff length, often quoted as 13 weeks, or longer if your benefits keep going. But hitting that limit isn't the real test. If your contract never gave them the right to lay you off, it can be a termination from the first day, not week 13. The countdown pulls attention away from the bigger question.

Accepting one layoff can trap you

By going along with the first layoff, you may hand your employer the right to do it again, and the next time it's harder to push back. Each time you accept, your position weakens. The flip side: time spent on a layoff you accept still counts toward your years there, so your service doesn't reset when you come back.

Before you accept it

You can tell them you don't accept the layoff and treat it as a termination, with full severance owed. The smart move is advice before the pattern sets in, not after. The review is free, and we work on contingency.

Testimonials

Our Clients

Mirza Law has earned 4.8 stars on Google, and
is also top-rated by Best Lawyers Canada, TrustAnalytica, and others

I couldn't be happier with the legal representation I received from Mirza Law. Amir negotiated a significantly higher severance package from what I was initially offered. I’m very grateful for the outcome. He explained every step of the process and was responsive throughout my case.

Sam Tokarz
Sam TokarzClient of Mirza Law

I highly recommend Amir Mirza if your long-term disability insurance claim was denied and you are considering taking legal action. Amir provided me with several options and explained how the process works very thoroughly. He took the time to answer all of my questions and concerns and always responded in a timely manner. I appreciated his caring approach during a stressful time in my life and never felt pressured to pursue litigation when speaking with him.

Sheri Crovetto
Sheri CrovettoClient of Mirza Law

Mirza Law was professional, responsive, and easy to work with. The team provided clear guidance throughout the process and made everything straightforward to understand. I appreciated their support and would recommend them to anyone looking for reliable legal assistance.

James Nigro
James NigroClient of Mirza Law

I can't say enough great things about my experience with this firm. Amir was incredibly helpful and secured a much better settlement than I was initially offered. Couldn't have asked for more. I would definitely recommend Mirza Law.

Nikki Honarkaran
Nikki HonarkaranClient of Mirza Law

My wife's long term disability benefits were cut off after two years and the team at Mirza Law helped us to get them back. We were working with Amir who dealt with our insurance company directly. He took the time to explain the whole process and laid out our options so we always understood where things stood.

Pouya
PouyaClient of Mirza Law

I reached out to this law firm after being denied by Manulife for my long term disability benefits. Amir is genuinely one of the kindest and caring lawyers I have ever met. He guided me through this very difficult period in my life. I understood each part of the process and never felt rushed.

Jessica Turner
Jessica TurnerClient of Mirza Law
Pricing & Support

Flexible, transparent plans

Free to Start

Temporary Layoff Review

A licensed lawyer handles the whole case

Free

Full representation quoted after your review.

What your free review includes:

We review your employment contract
A full count of everything you're owed
A clear written answer: sign or push back
Demand letter to your employer
We deal with your employer for you
Your case review is free
Mirza Law — Employment Law, Done Better.
FAQ

Common questions
about temporary layoffs

Find out what you're owed.

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