Which layoff duration would be considered a constructive dismissal according to the rule described?

Which layoff duration would be considered a constructive dismissal according to the rule described?

• A. 20 weeks in 52-week period
• B. 8 weeks in 26-week period
• C. 4 weeks in 8-week period
• D. 13 weeks in 20-week period

Answer: (D)

The rule tested is that a temporary layoff becomes a constructive dismissal when it lasts 13 weeks or more within any 20-week window. The scenario with a layoff lasting 13 weeks inside a 20-week period meets this threshold, so it is treated as a constructive dismissal under the described rule. The other durations do not reach that 13-week mark within a 20-week window, so they do not trigger the dismissal result described. In short, hitting that 13-week threshold within the 20-week window is what makes the layoff a constructive dismissal here.

The rule tested is that a temporary layoff becomes a constructive dismissal when it lasts 13 weeks or more within any 20-week window. The scenario with a layoff lasting 13 weeks inside a 20-week period meets this threshold, so it is treated as a constructive dismissal under the described rule. The other durations do not reach that 13-week mark within a 20-week window, so they do not trigger the dismissal result described. In short, hitting that 13-week threshold within the 20-week window is what makes the layoff a constructive dismissal here.