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I was laid off right after maternity leave

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  • Nov 22nd, 2017 9:50 pm
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vkizzle wrote: 1 week is the norm and anthing more is generally for long tenured workers (10+yrs of service).
I am not condoning this practise whatsoever and only providing feedback from experience and thank goodness I was never in this position that affected someone on mat leave.
The company is trying to do something clearly spelled out as "not allowed" by (I expect) every labour standard jurisdiction in Canada. They're opening themselves up to a huge liability by doing so. Not just for an apology and a "sorry, my bad" letter, but punitive damages (because it's a flagrant offense). It would be worth taking the time to discuss with a lawyer before rolling over. And often, legal costs are covered by the employer, to prevent big corporations from bullying employees who don't have the resources to otherwise fight. So the company would be paying to sue itself. And as long as the OP has a strong enough case, a lawyer would do it on contingency, so the OP would have nothing to lose.

But as far as that goes... Canada has "at will" employment. An employer can turn around and fire someone without cause, as long as they give the proper notice and severance. So I don't know what's to stop them from parking the new contractor somewhere for a short period of time (or suggesting holidays), bringing the mat leave employee back, firing them after a month, and then re-instituting the contract employee. Trying to prove a wrongful dismissal in that case would rely on a judge's discretion, which would be a crap shoot. If the OP was brought back for a day, no question. A month? Fuzzy. 6 months? Fuzzier...

Of course, now that the company has given the OP notice, they would likely lose any reasonable doubt on a termination action...

C
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angelskybj wrote: Thank you all again

I am accountant, so the my previous job title may be dispear but idlealy accounting jobs need to be done by some one in the organization

I was going to move on yesterday, but this morning I felt hurt when I reliezed the contractor is working

WOULD SOMEBODY THINK OF THE CHILDREN!!!
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vkizzle wrote: 1 week is the norm and anthing more is generally for long tenured workers (10+yrs of service).
I am not condoning this practise whatsoever and only providing feedback from experience and thank goodness I was never in this position that affected someone on mat leave.
I don't even know where to begin and maybe this is why so many common folks are taken on for a "ride" by unscrupulous management.
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traderjay wrote: I don't even know where to begin and maybe this is why so many common folks are taken on for a "ride" by unscrupulous management.
Sadly, this is the reality.
As I have mentioned from a small company up to billion dollar coporations.
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vkizzle wrote: Sadly, this is the reality.
As I have mentioned from a small company up to billion dollar coporations.
ONLY if you choose to have your rights violated and trampled. Hence I asked the OP to start documenting everything and lawyer up. MY wife was distraught too when she got laid off near the end of the mat leave and wanted to move on. I said hell no and in this case we nothing to lose and everything to gain. I wanted to go to trial immediately and will go through heaven and earth to make the management testify. They chickened out in the end and obliged to every demand we requested that let to a six figure settlement.
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traderjay wrote: ONLY if you choose to have your rights violated and trampled. Hence I asked the OP to start documenting everything and lawyer up. MY wife was distraught too when she got laid off near the end of the mat leave and wanted to move on. I said hell no and in this case we nothing to lose and everything to gain. I wanted to go to trial immediately and will go through heaven and earth to make the management testify. They chickened out in the end and obliged to every demand we requested that let to a six figure settlement.
Out of curiousity (and as a request for clarity)... The situation of someone who's worked at a company for a year at minimum wage would be very different than someone making 250k/year for the last 15 years, both of whom got fired while taking mat leave. So might I ask for some ball-parks of your wife's situation?

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vkizzle wrote: 1 week is the norm and anthing more is generally for long tenured workers (10+yrs of service).
I am not condoning this practise whatsoever and only providing feedback from experience and thank goodness I was never in this position that affected someone on mat leave.
1 week is not the norm, it may be the statutory legal minimum but definitely not the norm. Based on level and age etc it is usually 2 weeks to 1 month per year of service. When I was first laid off I got 16 weeks plus a generous notice period for working 4.5 years. The second place when another acquired I got 8 weeks for working only 9 months.
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CNeufeld wrote: Out of curiousity (and as a request for clarity)... The situation of someone who's worked at a company for a year at minimum wage would be very different than someone making 250k/year for the last 15 years, both of whom got fired while taking mat leave. So might I ask for some ball-parks of your wife's situation?

C
Lets put it this way, once emotional distress comes into play, the sky is the limit and courts almost ALWAYS side with the defendant in such cases, especially for a new mom. This of course baring any other circumstances such company going under etc or if the employee committed some serious offence. The minimum wage worker might not be able to get a higher monetary settlement, but will receive a higher amount than what management typically offers. Your length of employment does not play a role in this.
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abc123yyz wrote: 1 week is not the norm, it may be the statutory legal minimum but definitely not the norm. Based on level and age etc it is usually 2 weeks to 1 month per year of service. When I was first laid off I got 16 weeks plus a generous notice period for working 4.5 years. The second place when another acquired I got 8 weeks for working only 9 months.
To clarify, it's the norm in my industry (High Tech), where layoffs can amounts to hundreds at a time...aka Nortel etc...
Obviously, if you hold a more senior position, the compensation would be much higher.
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vkizzle wrote: To clarify, it's the norm in my industry (High Tech), where layoffs can amounts to hundreds at a time...aka Nortel etc...
Obviously, if you hold a more senior position, the compensation would be much higher.
I spent a decade in high tech and never saw 1 week/year. Maybe during the nortel era its different since the company is going under.
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angelskybj wrote: Thank you all again

I am accountant, so the my previous job title may be dispear but idlealy accounting jobs need to be done by some one in the organization

I was going to move on yesterday, but this morning I felt hurt when I reliezed the contractor is working
Of course you feel hurt, I would too.. You're on an emotional rollercoaster.. Don't just roll over/move on and take what is offered as it's pretty darn low.. Somewhere in the neighbourhood of 3-4 w/yr of servce is more common but this is not accounting for the distress caused by such an scumbag action. Don't sign nothin'... don't say nothin'... seek legal council first before doing anything..
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abc123yyz wrote: 1 week is not the norm, it may be the statutory legal minimum but definitely not the norm. Based on level and age etc it is usually 2 weeks to 1 month per year of service. When I was first laid off I got 16 weeks plus a generous notice period for working 4.5 years. The second place when another acquired I got 8 weeks for working only 9 months.
Nope.. 30yrs in IT and 1week ain't the norm.. Rather below, well below the norm.
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vkizzle wrote: Sorry to hear about your situation, as it is more common than many folks are aware of.
This tactic of "eliminating" your postion and likely revamping into a similar role by adding or reducing responsibilites is legal; despite being unethical.
If they are offering you a generous severance, I am fairly certain the legal advise you will receive will be to take it and move on.

I've seen this practise at small organizations and billion dollar corporations.
+1

Sad - and you would have thought this was protected status
*Faux transparency / censorship warning for RFD*
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CNeufeld wrote: The company is trying to do something clearly spelled out as "not allowed" by (I expect) every labour standard jurisdiction in Canada. They're opening themselves up to a huge liability by doing so. Not just for an apology and a "sorry, my bad" letter, but punitive damages (because it's a flagrant offense). It would be worth taking the time to discuss with a lawyer before rolling over. And often, legal costs are covered by the employer, to prevent big corporations from bullying employees who don't have the resources to otherwise fight. So the company would be paying to sue itself. And as long as the OP has a strong enough case, a lawyer would do it on contingency, so the OP would have nothing to lose.

But as far as that goes... Canada has "at will" employment. An employer can turn around and fire someone without cause, as long as they give the proper notice and severance. So I don't know what's to stop them from parking the new contractor somewhere for a short period of time (or suggesting holidays), bringing the mat leave employee back, firing them after a month, and then re-instituting the contract employee. Trying to prove a wrongful dismissal in that case would rely on a judge's discretion, which would be a crap shoot. If the OP was brought back for a day, no question. A month? Fuzzy. 6 months? Fuzzier...

Of course, now that the company has given the OP notice, they would likely lose any reasonable doubt on a termination action...

C
This leads me to think - can't she go somewhere like CBC? I notice that CBC loves to run a sob story (not belittling this situation, but they've done things as ridiculous as "I miss my favorite cookie" :facepalm:)

That would surely lead the company to think through their decision.
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springdays wrote: This leads me to think - can't she go somewhere like CBC? I notice that CBC loves to run a sob story (not belittling this situation, but they've done things as ridiculous as "I miss my favorite cookie" :facepalm:)

That would surely lead the company to think through their decision.
Getting legal advice before going public is probably a better idea... Once the cat is out of the bag, it's hard to stuff it back in. Many people might take a 6 figure settlement (not saying that's what the OP would actually get) instead of just getting their job back.

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traderjay wrote: I spent a decade in high tech and never saw 1 week/year. Maybe during the nortel era its different since the company is going under.
I believe it depends on the position.
Production worker (high turn over position) compared to someone in an indirect role, but a supporting role (ie: Technician, Engineering etc...).
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springdays wrote: This leads me to think - can't she go somewhere like CBC? I notice that CBC loves to run a sob story (not belittling this situation, but they've done things as ridiculous as "I miss my favorite cookie" :facepalm:)

That would surely lead the company to think through their decision.
Going to court = means going to public and most management will tremble in the courtroom. OP is an accountant at the company for 3 years which means she has a good proven track record. Its also the most critical role at any company that cannot be eliminated. The scumbag management have ZERO case in situation and they will be lynched alive.

OP - keep a copy of all your performance appraisals - they will come in real handy. Oh help me say F**** you to the management once you get a nice settlement.
Last edited by traderjay on Nov 17th, 2017 6:00 pm, edited 2 times in total.
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vkizzle wrote: To clarify, it's the norm in my industry (High Tech), where layoffs can amounts to hundreds at a time...aka Nortel etc...
Obviously, if you hold a more senior position, the compensation would be much higher.
No offense, I know people in high-tech and that is not the norm. Not sure if you work for a substandard employer, but the statutory MINIMUM is not the norm.

it's completely different if the company is bankrupt. However, this company is making a profit, so it's a surprisingly low offer. Wonder if they even consulted Legal, laying off someone while they are on Mat Leave is just a very risky thing to do. They should build that risk premium into the package. Not sure if OP would have posted had the offer been 1 month per year of service (so around 13 weeks).
Last edited by abc123yyz on Nov 17th, 2017 6:02 pm, edited 1 time in total.
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hdjunkie wrote: Nope.. 30yrs in IT and 1week ain't the norm.. Rather below, well below the norm.
Agreed!
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traderjay wrote:
OP - keep a copy of all your performance appraisals - they will come in real handy. Oh help me say F**** you to the management once you get a nice settlement.
Yep, vacuum up everything you can pertaining to your tenure there.. Perf. reviews, training certs, supervisor duties, kudo emails., pay stubs including overtime, etc..etc.. Even if you don't think it's relevant. vacuum up all info you can. Including the company posted severance policy . If it's posted somewhere.. Cause once you're out the door you can't go back..

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