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CRISPIN B. LOPEZ v. IRVINE CONSTRUCTION CORP.

This case has been cited 1 times or more.

2015-10-19
PERALTA, J.
Lay-off is defined as the severance of employment, through no fault of and without prejudice to the employee, resorted to by management during the periods of business recession, industrial depression, or seasonal fluctuations, or during lulls caused by lack of orders, shortage of materials, conversion of the plant to a new production program or the introduction of new methods or more efficient machinery, or of automation. However, a lay­off would be tantamount to a dismissal only if it is permanent. Hence, when a lay-off is only temporary, the employment status of the employee is not deemed terminated, but merely suspended.[34]