Many employers have forgotten about their laid-off employees hoping, if not assuming, they have moved on to new lines of work. But even if that is the case, employees who were laid off on IDEL (infectious disease emergency leave) could now be entitled to at least their minimum statutory entitlements or their common-law entitlements.
If you are an employee who was laid off during IDEL, the length of service at your employer likely continued to accrue during the pandemic and could lead to the right to seek meaningful damages against your employer if you are not recalled to work once IDEL ends.
For example, if you worked at your employer for eight years, you may be entitled to minimum statutory entitlements of 13 weeks (if severance is payable at your employer). If you did not sign an employment agreement, you could be entitled to as much as eight to 10 months of salary, bonus, benefits and pension (if applicable) under the common law.
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