Dear Working Wise: I worked for a company for two years and was laid off due to a shortage of work. The company paid me two weeks severance pay.
Does the company have to call me first to see if I want my job back before hiring anyone else? If so, what are my options for getting my old job back if they have already hired someone else? — Eager to Work
Dear Eager: I wish I could help you get your old job back, but it sounds like your employer has acted appropriately.
There is such a thing as a “temporary layoff,” when an employer wants to maintain the employment relationship with you and call you back as soon as there is work available. But it sounds to me from your letter that your employer terminated your employment. You received severance pay, because your employer severed (terminated) your employment relationship.
Employers are not required to rehire former employees first.
Your employer also paid you an appropriate amount of termination pay. Anyone employed for between two and four years is entitled to a minimum of two weeks notice or two weeks of severance pay in lieu.
If your employer wanted to maintain the employment relationship — and lay you off temporarily — they would have been required to notify you in writing. Temporary layoff notices must include the effective date of the layoff and sections 62 to 64 of Alberta’s Employment Standards code, which govern temporary layoffs.
Temporary layoffs can not last more than 59 days. On the 60th consecutive day of temporary layoff, the employment relationship terminates and the employer must pay the employee termination pay on that day unless:
l wages or benefits continue to be paid on behalf of the employee; or
l there is a collective agreement that provides recall rights longer than the 59 days.
Employees can be terminated while on temporary layoff, but they are entitled to termination pay.
The only exception to the 59-day period applies to school employees and school bus drivers.
Employees on temporary layoff can be called back to work with seven days written notice. Employees who fail to return to work within seven days of receiving written notice can be terminated without termination notice or pay.
The good news is that you have at least two years experience working in a job you like. Your related work experience is a big asset that will help you stand out and find a new job sooner.
If you’d like help with your job search, drop by your nearest Labour Market Information Centre (LMIC). LMIC staff can provide you with free career services, including career planning, resume development, preparing for job interviews and links to employers who are hiring.
The centre also offers free access to computers for job searches, fax machines, photocopiers and telephones.
To find the LMIC nearest you, visit www.employment.alberta.ca/offices.
If you have any more questions about your situation, I recommend you call the toll-free Alberta Employment Standards help line at: 1-877-427-3731.
This line is staffed by experts who can go into more detail with your case if you wish.
You can also review the Employment Standards Code for yourself by visiting our web site at www.employment.alberta.ca/es.
Working Wise is compiled by Charles Strachey of Alberta Employment and Immigration (charles.strachey@gov.ab.ca) for general information.