Law firm specializing in layoffs and dismissals
Questions / Answers
Our labour lawyer specializing in layoffs and dismissals can certainly assist you in your efforts regarding these various issues.In this regard, we have retained certain questions frequently asked by our clients regarding employment termination.
What is the distinction between a dismissal and a layoff?
The term “dismissal” is used when an employer terminates an employment contract due to a fault alleged against the employee. On the contrary, the term “layoff” refers to a termination caused by reasons related to the company, such as an administrative reorganization.
What are the deadlines to contest a dismissal or a layoff?
The deadline for filing a complaint for dismissal without just and sufficient cause at the Commission des normes du travail is 45 days, while a request to obtain a reasonable period of leave under the Civil Code is 3 years.
What are the remedies available to a dismissed or layoff employee?
The remedies available are, among other things, a complaint at the Commission des normes du travail to request reinstatement in employment, or a request before the civil courts to obtain a reasonable period of leave. In the latter case, it will not be possible to request reinstatement; only monetary compensation will be granted.
What are the relevant factors to consider in determining a reasonable period of leave?
The two main factors to consider are the importance of the job held and the years of service within the company. In addition, other factors may be considered depending on the circumstances of each case.
Is severance pay taxable?
Yes, because severance pay is generally considered as an income. However, in certain circumstances, it is possible that compensation may be considered as damage, which is non-taxable.
Can an employee obtain employment insurance even if he is dismissed?
Yes. However, the employee must convince the employment insurance agent that the dismissal does not constitute misconduct. It will therefore be the employee’s responsibility to demonstrate that the reasons invoked by the employer to terminate employment are unfounded or insufficient.
What is a constructive dismissal?
The term “constructive dismissal” is used when the employer substantially modifies the working conditions of an employee without his consent. The employee will then have no choice but to resign and then the termination will be considered as a dismissal and not as a resignation.
Can an employer terminate an employee who is frequently late for work?
Yes. However, the employer must first respect the principle of the progression of sanctions, which consists in imposing gradual disciplinary measures before proceeding to the termination of employment.
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