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What Can I Do If My Employer Rehires for My Position After a Layoff

Have you ever been laid off from your place of employment? If so, you’ll likely understand the feeling of uncertainty in what comes next and wondered what you can do about it. Layoffs are relatively common, and it is important to understand your rights and entitlements as an employee in the event of a layoff.

There is a lot to know when it comes to being laid off, and at Soni Law Firm we are here to help. We have assisted countless clients with making sense of their layoff and getting any compensation that they deserve. In a recent interview with The Globe and Mail, Rahul Soni, Employment Lawyer at Soni Law Firm answered the question, can my employer fill my position while I’m laid off? In this article, we give you a recap of what you should know about this scenario in the event that it happens to you.

There are a few things you should consider if your employer is hiring for your role after you have been laid off. In the Globe and Mail article, Rahul Soni stated the following.

“Your employer’s decision to hire someone else for your job while you are waiting to return could very likely mean you have been constructively dismissed and are entitled to a severance package.”

Constructive dismissal can be complicated to understand but if you have been constructively dismissed you may be entitled to compensation. We break down what you need to know about constructive dismissal in our previous article How to Win a Constructive Dismissal Case.

Human rights issues may also be a factor in your employers’ decision to not rehire you. If you feel this is the case, you should consult with a human rights lawyer. Our quote from the Globe and Mail article explains what protected grounds you should keep in mind when it comes to your employment.

“Also, you may have a separate and additional human rights claim if the reason your employer did not recall you back or is looking to replace you is because of any of the protected grounds, including: age, gender, disability, family status, martial status, ethnic origin, colour, race, sex or sexual orientation.”

It is important to remember that you cannot be laid off unless you have agreed to being laid off as part of your original employment contract. Many employment contracts do not discuss layoffs and in these cases, you would immediately be able to assert a constructive dismissal argument. In these cases, it is crucial that you contact a dismissal layer promptly to ensure that you get any severance pay that you may deserve.

Losing your employment is a stressful and emotional process. You do not have to accept what your employer tells you as fact and consulting with an expert employment lawyer is always a good idea when you are faced with a lay-off or other type of dismissal. To help you understand what you should expect after a layoff see our previous article What Happens When You Get Laid Off. Do not hesitate in booking a free consultation and let us help you get what you deserve and protect your rights.

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About Post Author


Rahul founded Soni Law Firm, a boutique employment, labour, and human rights law firm, with the goal of taking his Downtown Toronto litigation experience and making it accessible to Ontario’s Main Street employees and employers.