Can someone be laid off to allow someone else to take that position? Case here is employee A left position for another role within the company. A year later, Employee A decides that they want their old job back which has been filled by Employee B. Can employee B to laid off to make the position available to Employee A?

Thank you for your question. If you have been laid off, you are able to treat the layoff as a constructive dismissal. In doing so you would be entitled to severance. I would encourage you to visit the severance pay calculator our firm has developed to see what you are owed (www.SeverancePayCalculator.com). I would also encourage you to call us and set up a consultation with one of our employment lawyers.