Being temporarily laid off can leave you feeling uncertain, frustrated, and worried about what comes next. One day you’re working, and the next, your income stops while the bills keep coming. It’s a situation that’s hard to prepare for, and it’s completely normal to feel overwhelmed. If you’ve been laid off and aren’t sure what to do next, you don’t have to figure it out alone.
At Litco Law, we’re here to help. Since 1976, we’ve been helping Albertans navigate difficult legal situations with clarity, care, and compassion. Today, our Calgary temporary layoff lawyers work to balance the power for thousands of hardworking Albertans who have been unfairly or improperly let go by their employer, whether temporarily or permanently. We’ll review your layoff notice, explain your options without legal jargon, and ensure your rights are protected every step of the way.
Have questions? Call us at (403) 273-8580, or contact us online to speak with our legal team for free.
Get answers to the following topics and questions:
- What Is a Temporary Layoff in Calgary, Alberta?
- How Long Can a Layoff Last in Calgary?
- What Are Your Rights During a Temporary Layoff in Calgary?
- When Can a Layoff Become Constructive Dismissal?
- What Are My Financial Options During a Temporary Layoff?
- How a Temporary Layoff Lawyer in Calgary Can Help
- Your Immediate Steps After Receiving a Layoff Notice
- Why Choose Litco Law for Your Temporary Layoff Claim in Calgary
- Frequently Asked Questions (FAQs) About Temporary Layoffs in Calgary
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What Is a Temporary Layoff in Calgary, Alberta?
A temporary layoff occurs when an employer puts your job on hold but doesn’t officially or permanently end your employment. It’s meant to be a short-term pause in work, often used when there’s a slowdown in business or other changes that result in a shortage of work.
During a layoff, you’re still considered an employee, even though you’re not actively working or getting paid. A layoff ends when your employer recalls you to work or formally terminates your position.
How Long Can a Layoff Last in Calgary?
In Alberta, a temporary layoff can last up to 90 days within a 120-day period under the Employment Standards Code. If your layoff goes longer it becomes a termination, and employers must provide any termination or severance pay you’re entitled to.
There are a few exceptions that can extend the layoff period in Alberta. For example, a longer layoff may be allowed if:
- You’re covered by a collective agreement that allows longer layoffs
- You and your employer agree in writing to extend the layoff
- Your employer continues paying wages, pension benefits, or insurance benefits during the layoff period
If your layoff has lasted longer than expected, or you haven’t heard from your employer about when to return, you might be feeling stuck between waiting and moving on. At Litco Law, it won’t cost you anything to talk to our Alberta employment lawyers. We’ll help you understand what your employer’s legal obligations are and talk through what next steps could make sense for you, without having to worry about consultation fees or a retainer.
What Are Your Rights During a Temporary Layoff in Calgary?
Even though you’re not working during a temporary layoff, you’re still considered an employee under Alberta law. That means you continue to have certain rights and protections.
Here are a few key things to know:
- Right to written notice of recall: If your employer decides to bring you back, they must provide a written recall notice giving you at least seven business days to return to work.
- If you aren’t recalled in time: If your employer doesn’t recall you within the legal time limit, which is generally up to 90 days within a 120-day period, your employment is considered ended. Whether you may receive termination or severance pay depends on things like your employment contract and how your employer handled the layoff.
- Right to return under the same terms: If you are recalled to work, you have the right to return under the same pay, hours, and position you had before the layoff, unless you choose to agree to different terms.
- Benefit continuation, if specified in your contract: Employers are not legally required to continue benefits during a layoff. However, if your contract or a collective agreement includes this right, your benefits must continue as outlined.
If you’re questioning whether your layoff was handled fairly, our Calgary layoff lawyers are here to provide you with answers.
When Can a Layoff Become Constructive Dismissal?
A layoff can become constructive dismissal when it goes beyond what Alberta’s employment laws allow, or when your employer makes significant changes to your job without your consent. When that happens, the terms of your employment have shifted so much that continuing under the new conditions may no longer be reasonable. In other words, your job hasn’t been officially terminated, but the changes have left you in a position where it feels like you have no real choice but to quit.
This can happen if your layoff lasts longer than 90 days without a valid extension, if you’re recalled under different terms, such as lower pay or fewer hours, or if your employer changes the nature of your role entirely. In these cases, you may be entitled to compensation such as termination pay, severance, or both.
It’s important to know that some layoffs are potential terminations or constructive dismissals from the get go. Some courts have found that even a temporary layoff can breach an employment contract — whether written or verbal — and may amount to constructive dismissal. Determining whether a layoff is legally permissible in a specific situation depends on several factors, including the terms of the employment agreement and the surrounding circumstances. Our team can help you understand your rights and obligations. If you’re facing a layoff situation, we’re here to guide you through your options.
What Are My Financial Options During a Temporary Layoff?
Being laid off can raise a lot of questions, especially about how to stay financially stable until things settle. Whether you expect to be recalled or think your layoff might become permanent, it’s important to know what support may be available to you while you wait to return to work or look for a new position.
If you’ve worked enough insurable hours, you may qualify for Employment Insurance (EI) benefits. EI can help cover a percentage of your previous income, up to a certain amount, while you’re not working.
Some employers may also allow you to cash out unused vacation pay or continue certain benefits during a layoff, depending on your employment agreement. Additionally, if your layoff extends beyond the 90-day limit or your employer ends your position entirely, you may also be entitled to termination or severance pay.
How a Temporary Layoff Lawyer in Calgary Can Help
When you’ve been laid off, it’s normal to have questions about what your employer can and can’t do, and what that means for your income and job security. Even if you have a good relationship with your employer and want to trust the process, understanding how temporary layoffs work under Alberta’s employment laws can give you peace of mind and help you feel more confident about what to expect.
A temporary layoff lawyer can explain where you stand and what your options look like so you can make informed decisions for yourself, now and in the future.
Here are a few ways our team can help:
- Review your layoff notice or employment contract: We’ll check whether your employer followed Alberta’s rules for written notice, recall timelines, and benefit continuation.
- Explain your rights in plain language: We take the time to walk you through what the law says about layoffs, terminations, and severance packages so you can make informed decisions.
- Identify potential issues: If your layoff has gone past the 90-day limit, your role changed without your consent, or your pay or benefits were reduced, we can help determine if it may qualify as a termination, constructive dismissal, or wrongful dismissal.
- Handle communication with your employer: If needed, we can negotiate on your behalf to help ensure your rights are protected and you receive fair compensation.
If you have questions about your layoff or your rights, our Calgary employment lawyers are here to help. Our goal is to give you clarity and peace of mind so you can move forward with confidence.
Your Immediate Steps After Receiving a Layoff Notice
Getting a layoff notice can be stressful, but taking a few simple steps early can help you protect your rights and stay organized while things unfold.
- Review your layoff notice carefully: Make note of the effective date and any details about recall or benefits. Keep a copy of the notice for your records. If anything is unclear or missing, consider asking your employer for clarification in writing.
- Check your employment contract: Look for any clauses about temporary layoffs, recall rights, or benefit continuation. Understanding what your contract says will help you know whether your employer is following the proper process.
- Keep records of all communication: Save emails, letters, and text messages related to your layoff, including any follow-up questions or clarifications. Write down the dates of any conversations with your employer and what was discussed. These details can be important later if questions arise about how your layoff was handled.
- Apply for Employment Insurance (EI): If you qualify, applying for EI as soon as possible can help ensure there’s no delay in receiving benefits.
- Stay informed about your rights: Alberta’s laws set clear rules around temporary layoffs, recall timelines, and severance. Understanding those timelines can help you stay prepared and make informed decisions if your situation changes.
Why Choose Litco Law for Your Temporary Layoff Claim in Calgary
At Litco Law, we know that a layoff can affect more than just your job. It can disrupt your plans, create financial uncertainty, and leave you wondering what comes next. Since 1976, we’ve been helping Albertans through uncertain times with compassion, transparency, and clear communication.
Here’s what you can expect when you work with our temporary layoff lawyers in Calgary:
- You’ll have a dedicated legal team on your side. Our team-based approach means you benefit from the collective knowledge and support of an entire team that works together to make the process easier for you.
- We’ll keep you informed with clear, consistent communication, so you always know what’s happening with your claim.
- Our pricing is clear from day one. Our fees are explained before you hire us, so there are never any surprises.
- We offer free consultations, and there’s never any obligation to hire us after your consultation.
Client Testimonials
Here’s what some of our clients have shared about their experience working with our team:
- “Really easy to work with. There was a nice balance of professionalism but also personable and down to earth so I didn’t feel intimidated. Thank you!” – L DP
- “Absolutely amazing team! Quick to respond and help with anything I needed to inquire about. Extremely professional. Highly recommend” – Maddisyn C.
- “Litco Law did a really great job with handling my case. The staff were friendly and welcoming. The lawyer that handled my case was very professional and answered every question I had regarding my case. Glad to have approached Litco Law to handle my car accident, and if I didn’t, I wouldn’t have been able to properly support myself financially.” – Leinad O.
Frequently Asked Questions (FAQs) About Temporary Layoffs in Calgary
Here are a few of the most common questions we receive about temporary layoffs in Alberta. For answers tailored to your situation, our team is always here to help.
Can My Employer Temporarily Lay Me Off Without Notice?
Your employer must give you written notice of a temporary layoff, but Alberta law doesn’t require a specific notice period. If you didn’t receive written notice, or if the layoff came without warning, your employer may not have followed proper procedure.
What Happens if My Temporary Layoff Goes Past 90 Days?
If your layoff lasts longer than 90 days within a 120-day period, it’s generally considered a termination under Alberta’s Employment Standards Code. In that case, your employer may owe you termination pay, severance, or both.
Do I Qualify for Severance if I Was Laid Off in Calgary?
You may qualify for severance if your layoff becomes a termination, or if your employer failed to follow Alberta’s rules for handling a layoff, whether temporary or permanent. The amount depends on factors like your length of service, position, and the terms of your employment contract.
