If an employee is on temporary layoff, are they still considered to be an employee?

UPDATED: Nov 2, 2012

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If an employee is on temporary layoff, are they still considered to be an employee?

My husband was placed on a temporary lay off. He is expected to be called back by June at the latest. The company is saying that if he is not called back by December 31st, he will not get a profit sharing check for the year. The contract states that “all employees employed on December 31st will receive a one-time bonus equal to 2% of their…W-2 income”.

Asked on November 2, 2012 under Employment Labor Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country if an employee is on "lay off status" as opposed to being terminated by his or her employer the "lay off status" means that the employee is still employed at his or her place of work and has not been terminated. If terminated, the employee would be entitled to collect unemployment benefits.

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