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  • Jul 12th, 2018 9:15 pm
[OP]
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Dec 30, 2007
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Dismissing a pregnant employee

We have a fully licensed daycare and we hired this girl a few months back and about a month into her employment she told us she is 4 month pregnant.
Now the problem is that for a daycare employees must submit to us a clear police check to be able to work with kids, we told her that from day 1 and she said she will get it. for the time being we are allowed to employ her as long as she is not alone with the kids at any time.
The problem is that it has been almost 3 month and she still hasnt provided us anything, and based on the child care act we can no longer keep her around, not to say that it also costs us more money because we now have to have an extra employee in the room at all times.
We sent her home and said she cannot come back to work until she has the police check but she is saying she does not want to pay for it and doesnt want to get it. And the she goes telling us that we cannot dismiss her because of that since she is pregnant and in her 8th month almost. and that she consulted a lawyer and she will sue us if we did.

What are we as an employer can do about this? we clearly dont want her to work with us after all she said but it has nothing to do with her pregnancy (we have 3 more employees who are pregnant and one on mat leave and no issues there) can we just fire her ?
28 replies
Jr. Member
May 20, 2002
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My experience is that pregnant employees only come back to work 50% of the time after the baby. i.e. don't come back anyways.

If she is 8 months pregnant than you only have her for 1 more month. Plus don't you request police checks yearly? She will need a new one in 13 months and you can make it a written policy at that point when she returns to have a police check.
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CowDoc wrote:
Apr 5th, 2018 10:58 am
My experience is that pregnant employees only come back to work 50% of the time after the baby. i.e. don't come back anyways.

If she is 8 months pregnant than you only have her for 1 more month. Plus don't you request police checks yearly? She will need a new one in 13 months and you can make it a written policy at that point when she returns to have a police check.
That was my thinking as well but she insist on coming back even now but we cannot have her around without the police check and im also not sure what to do regarding her employment status. Do i send the ROE showing she was fired, do i send one saying she is going on Mat leave?


We do ask them for police check as soon as they start, normally they start a couple of days after interview. Our policy does state that without a police check they cannot work. Because it sometimes can take about a month to get that from the police we are allowed to keep them employed as long as they are never left alone. In this case it has been almost three month so we had to tell her to not come to work without one but we havent fired her yet
Penalty Box
Apr 5, 2013
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markham
urir10 wrote:
Apr 5th, 2018 11:05 am
That was my thinking as well but she insist on coming back even now but we cannot have her around without the police check and im also not sure what to do regarding her employment status. Do i send the ROE showing she was fired, do i send one saying she is going on Mat leave?


We do ask them for police check as soon as they start, normally they start a couple of days after interview. Our policy does state that without a police check they cannot work. Because it sometimes can take about a month to get that from the police we are allowed to keep them employed as long as they are never left alone. In this case it has been almost three month so we had to tell her to not come to work without one but we havent fired her yet
i believe she is bs'ing ...afaik...a "vulnerable check" is free of charge from police as it is mandatory in certain occupations such as day care and schools...its the standard criminal check that costs as its not mandated by law, just a company policy such as myself.....I had similar issue (with a female) ..she gave excuses and such..and when I gave ultimatum..she finally handed over a real bad background check..about 13 charges in 6 years....she was let go right after.
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cardguy wrote:
Apr 5th, 2018 11:25 am
i believe she is bs'ing ...afaik...a "vulnerable check" is free of charge from police as it is mandatory in certain occupations such as day care and schools...its the standard criminal check that costs as its not mandated by law, just a company policy such as myself.....I had similar issue (with a female) ..she gave excuses and such..and when I gave ultimatum..she finally handed over a real bad background check..about 13 charges in 6 years....she was let go right after.
The cost is $65, I dont think her issue is the $65 either, she is just doing it out of principal to say that she wont spend money on this with what we are paying her.. which is $16 not even minimum wage.
The fact that we do not want her working for us is very clear and she even knows that. but now that she threatens to sue if we let her go due to pregnancy im not sure what to do
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Aug 25, 2015
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dismiss her because she didn't provide the police check. that is your play. that she threatens whatever because she's pregnant shouldn't deter you from dismissing her. you dismiss her not because she's pregnant but because she didn't issue a police check which is a requirement for work

her pregnancy changes nothing as you hired her and knew of her pregnancy

ps. looks like she's trying to get mat leave which explains her "reticent" on providing the check. take her to court for that
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sumtimw0ng wrote:
Apr 5th, 2018 12:05 pm
dismiss her because she didn't provide the police check. that is your play. that she threatens whatever because she's pregnant shouldn't deter you from dismissing her. you dismiss her not because she's pregnant but because she didn't issue a police check which is a requirement for work

her pregnancy changes nothing as you hired her and knew of her pregnancy

ps. looks like she's trying to get mat leave which explains her "reticent" on providing the check. take her to court for that
+1

What an idiot. She did not meet the pre-requisite for employment so it's hasta la vista to her. Let her sue. Anyone can threaten to sue and actually sue, however unreasonable that may be. She'll lose.
Newbie
Nov 19, 2016
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My suggestion is let her go but I think you might need to consult a lawyer, basically have the lawyer draft you a good dismiss letter that protect yourself.
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sumtimw0ng wrote:
Apr 5th, 2018 12:05 pm

ps. looks like she's trying to get mat leave which explains her "reticent" on providing the check. take her to court for that
i thought so also but then how not providing the police check will help her get the mat leave, she could just give me a letter now saying she going on mat leave and ill have to submit the ROE showing that
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Oneplusthree wrote:
Apr 5th, 2018 1:26 pm
My suggestion is let her go but I think you might need to consult a lawyer, basically have the lawyer draft you a good dismiss letter that protect yourself.
Don't waste the money. Just give her the facts and say goodbye.
Penalty Box
Apr 5, 2013
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markham
urir10 wrote:
Apr 5th, 2018 11:34 am
The cost is $65, I dont think her issue is the $65 either, she is just doing it out of principal to say that she wont spend money on this with what we are paying her.. which is $16 not even minimum wage.
The fact that we do not want her working for us is very clear and she even knows that. but now that she threatens to sue if we let her go due to pregnancy im not sure what to do
give her letter suspending her immediately, until she hands you police report ..has it been over 3 months yet?..as of last year..MOL told me less than 3 months..no reason...over 3 months valid reason..to let someone go..but Idk if that has been changed. ..she took the job on the knowledge that SHE would provide (clean) police report..its like knowing you need safety boots to work..don't be to worried..the Ministry isn't all bad, and in some ways they can help or guide you...maybe even call them and explain the situation and they ill tell you what your options with this person are....they have helped me deal with some winners in the past and are actually very helpful.
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cardguy wrote:
Apr 5th, 2018 3:11 pm
give her letter suspending her immediately, until she hands you police report ..has it been over 3 months yet?..as of last year..MOL told me less than 3 months..no reason...over 3 months valid reason..to let someone go..but Idk if that has been changed. ..she took the job on the knowledge that SHE would provide (clean) police report..its like knowing you need safety boots to work..don't be to worried..the Ministry isn't all bad, and in some ways they can help or guide you...maybe even call them and explain the situation and they ill tell you what your options with this person are....they have helped me deal with some winners in the past and are actually very helpful.
Thanks for the advice,i will call them see what they say.
She claims that we havent told her about the police check only after 2 months into employment, but we have our policies which they have to sign on day one , and the police check policy is one of them
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eonibm wrote:
Apr 5th, 2018 3:02 pm
Don't waste the money. Just give her the facts and say goodbye.
+1
But do so in writing stating her repeated refusal to get the police check is the sole cause of her dismissal. The law is clear on having police checks to protect the day care, parents peace of mind and the children. With allowing 3 months to pass you are far too generous.
Jr. Member
Feb 4, 2017
131 posts
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Toronto
Police check or goodbye.

You can even offer to pay the $65 if there is a cost to it.
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urir10 wrote:
Apr 5th, 2018 3:22 pm
Thanks for the advice,i will call them see what they say.
She claims that we havent told her about the police check only after 2 months into employment, but we have our policies which they have to sign on day one , and the police check policy is one of them
If it was on the conditions of employment were noted in the initial hiring phase such as probation or required background checks, then you have nothing to worry about. That's enough proof to cover ur butt.

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