\u201cA layoff is a termination when there is no clause in the agreement permitting the employer to lay off the employee. When there is such a clause, the layoff is not a constructive dismissal, and therefore not a termination.\u201d<\/p>\n
Number one rule of temporary layoffs<\/strong><\/p>\n While Taylor lost the case, it\u2019s still an \u201cinstructive\u201d decision in showing how temporary layoffs work, says Dale.<\/p>\n Most importantly, the employer included temporary layoffs in the employment agreement.<\/p>\n \u201cThe reason it’s not allowed for \u2014 unless it’s in the contract \u2014 is because if you change a substantial term of someone’s employment, like take their work away and perform a temporary layoff, then they can claim that it’s a constructive dismissal. So, essentially, you’ve changed my employment so substantially that you’ve terminated it,\u201d she says.<\/p>\n