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That becomes a legal precedent permanently altering that employee terms of employment.The impact of this crisis has been to create new practices throughout Canadian workplaces, irrevocably altering the previous agreements between employers and employees.If the layoff or other reduction is accepted by the employee, not only does it become too late to later claim it to be a constructive dismissal but, even when the old terms are restored, the same reductions can be re imposed in the future as the employee previous acceptance makes it into a term of the parties employment contract.If they are prepared to accept these changes, it important for employees to state in writing that their acceptance is not a precedent for any future reduction/layoff and that they expect a full return to their former position and wage when the crisis ends or as of a certain date. Doing so will also prevent the wage reduction from becoming a permanent one.With those ruminations and advice, now to questions.Q: Can my employees refuse to return to work from a temporary layoff because they earn more on CERB?A: No, they cannot. If your employees refuse to return to work when you recall them from a layoff, you can deem them to have resigned and will owe them no severance pay.
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