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Wondering if I can fight this as wrongful termination as per canadian labour rules.

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  • May 6th, 2019 5:49 pm
[OP]
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Jan 16, 2018
2 posts
1 upvote

Wondering if I can fight this as wrongful termination as per canadian labour rules.

took 1 year maternity leave after my daughter was born and reported back to work . I am working for an IT services company and the project I was working before I went to maternity leave was shut . I shared my resume to my employer and he was supposed to find me a new project to work on, but now the employer says that they have not been able to find a suitable opportunity for me and they have to terminate my employment.

Points to be considered.
1. Employer says he looked for a suitable position for 60 days after me returning back and they can't wait any longer.
2.The argument from my side is that, I have never got proper response about them finding a suitable role for me.
3. I have even told my employer that I am open for any kind of role or to train myself in new technology, he was never open to such discussions. Even to have a single meeting I had to call and mail multiple times.
4. From my experience with that organization, they wont wait for an 100 percent skill match to allocate a project to anyone, even if there a slight match they put people " project and make them learn on the job ,but I have not been given any such oppurtunity.
Its a big organisation , I am not sure whom to blame , is it the POC who was supposed to find me a role who was careless and inefficient or the organizations policy in not providing proper support.
How should I go ahead with this, employer discrimination or just some ones negligence costing me my job?
As per my knowledge its employers responsiblity to get a suitable position after reporting from maternity leave.
Who should I seek help from.
11 replies
Deal Addict
Apr 6, 2008
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Were you full time, part time, or on contract with this company? What does your ROE say for reasons for dismissal?
Deal Addict
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Oct 13, 2007
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Edmonton
Curious26 wrote:
I shared my resume to my employer and he was supposed to find me a new project to work on, but now the employer says that they have not been able to find a suitable opportunity for me and they have to terminate my employment.
Definitely, more details are needed on this. Your above statement seems to imply that you were on contract, in which case you would be out-of-luck.
Deal Expert
Aug 22, 2011
34486 posts
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Center of Universe
Not a wrongful termination.
Your position or project is no longer available or required.
Deal Guru
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Mar 23, 2008
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You could talk to an employment lawyer, as there's lots of details that can make a difference.

C
Deal Expert
Aug 22, 2011
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Center of Universe
CNeufeld wrote: You could talk to an employment lawyer, as there's lots of details that can make a difference.

C
I'm only questioning this suggestion, as I wouldn't want to go back to a company that terminated me (whether it was with cause or not), through litigation, other than getting the maximum severance possible,
Deal Addict
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Mar 7, 2007
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Is it Microsoft? LOL

It doesn't sound exactly like them, but my wife had a similar experience (as a full time Microsoft employee returning from maternity leave).

My wife talked to a lawyer. I think you should do the same.
Deal Guru
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Mar 23, 2008
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vkizzle wrote: I'm only questioning this suggestion, as I wouldn't want to go back to a company that terminated me (whether it was with cause or not), through litigation, other than getting the maximum severance possible,
Fair enough, and I wouldn’t argue with that. But the lawyer can tell her what her options are, and hopefully set realistic expectations.

C
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Aug 22, 2011
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motomondo wrote: Is it Microsoft? LOL

It doesn't sound exactly like them, but my wife had a similar experience (as a full time Microsoft employee returning from maternity leave).

My wife talked to a lawyer. I think you should do the same.
What was the outcome?
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Mar 7, 2007
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vkizzle wrote: What was the outcome?
The lady lawyer said that the company most likely targeted her for termination, for the reason of having a baby. And that, as a lawyer, she would be able to prove it (most likely).

But that it would be a long and expensive process, and the termination package was very good, and very close to what she could get at the end. It was too close to call it.
Deal Expert
Aug 22, 2011
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Center of Universe
motomondo wrote: The lady lawyer said that the company most likely targeted her for termination, for the reason of having a baby. And that, as a lawyer, she would be able to prove it (most likely).

But that it would be a long and expensive process, and the termination package was very good, and very close to what she could get at the end. It was too close to call it.
That is what I would aim for also.
Not proud of it by any means, but at a previous company, I was indirectly part of such unethical re-structuring and the back up plan was always a very good severance package (1yr plus 6 months continuation of health benefits), for an employee that was terminated before or after mat leave.
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Mar 31, 2008
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vkizzle wrote: That is what I would aim for also.
Not proud of it by any means, but at a previous company, I was indirectly part of such unethical re-structuring and the back up plan was always a very good severance package (1yr plus 6 months continuation of health benefits), for an employee that was terminated before or after mat leave.
Happened to my wife but it was a company wide and total team structuring as even her manager and most of her team minus a jr guy got laid off. It happened about 7 months in to her mat leave. There didn't appear to be any sort of discrimination as there was really no replacement that she was doing (i.e. really scaled back initiative). Briefly consulted lawyer and he said there doesn't appear to be a case.

Nonetheless, company/HR said they would look. My wife then went job hunting while she was on mat leave.

She was in contact during those 4 months, but didn't look good.

First day back, she got served termination notice with Severance offer. But the joke was she got a higher paying job at a Big 4 starting 2 weeks after her return date. So, if anything, it worked out since she was still 'employed' while on mat leave thus no gap in her employment on her resume. Got paid out some vacation too. The terms were generaous as she was there a bit over 2 years when the termination occurred.

7 Months later, she got laid off again at the Big4 when they did their every 3 to 4 year restructuring (this was also during 2015 after oil prices crashed so her industry in marketing got hit hard with any Western Canada exposure) as her own boss (CMO) was laid off too but a few weeks before her. The HR doing the layoff was also laid off after her. She saw the writing on the wall and started applying. Ironically again, the day she got the severance offer (even though it was 7 months she was there, she got like 10 weeks of severance), she started her new slightly higher paying job the week after the layoff. So 2 severances in 7 months and new jobs already secured with the severance.

My point is, I'm not sure what the onus in terms of making an effort to find you a job, but there is no obligation if a hiring manager doesn't want that laid-off person on the team. Overall, it can be a blessing in terms of forcing you to look around and get a different job that might be more favourable in terms of pay, culture, location, etc. We're glad we took that road instead of trying to fight the companies. Sure, it's a hit to the ego at first.

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