For many non-unionized employees in Ontario, being fired because they are pregnant can create a significant amount of mental and financial distress.
In most cases, workers leave without challenging the termination – believing that their employer has the right to do so.
While companies in the province can fire non-unionized employees for any reason, two conditions have to be met.
Staff must receive full severance pay and the reasons for their dismissal can’t be discriminatory. This is known as a termination without cause.
Since pregnancy is a protected aspect under provincial and federal human rights legislation, it would be discriminatory for an employer to fire an individual because they are pregnant – making the termination illegal.
READ MORE: Fired because of your gender in Ontario? 3 things employees must do
If you believe pregnancy played a role in your dismissal, here are three things you need to do.
1. Review your severance offer before signing it
In Ontario, it’s not uncommon for employers to pressure non-unionized workers to immediately sign severance offers that provide them with far less compensation than they deserve.
Getting legal advice before accepting an offer is crucial. Once you sign on the dotted line, you forfeit your right to pursue full severance, which can be as much as 24 months’ pay.
READ MORE: 5 things employees should never do before talking to an employment lawyer
If you receive a severance offer from your boss, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP. The company can’t force you to sign it before leaving a termination meeting or a few days after it was provided to you.
As long as you didn’t accept the offer and return it to your employer, you have two years from the date of your dismissal to obtain proper severance.
In addition to severance, there is a very good chance that you are owed compensation for the pregnancy-based discrimination you experienced at the end of your employment.
2. Gather any relevant documents
Since it’s extremely unlikely that your employer will admit to firing you for pregnancy-related reasons, the more evidence you can provide, the better.
Gather any relevant documents, including letters, emails or text messages, that support your claim.
READ MORE: Harassed by your employer in Ontario? 3 things you must do
One of my clients, a sales associate in Toronto, received an email from her manager after a networking event – asking if she was pregnant.
Surprised by the message, the worker disclosed that she was in the middle of her second trimester.
Two weeks later, she got a phone call from her boss – informing her that she was being let go with severance.
Devastated by the update, the employee asked her manager why this was happening. She was told that the company needs sales staff who are “focused on growing the business, not starting a family.”
READ MORE: Fired because of your age? 3 things employees must do
Confident that pregnancy played a role in her termination, she printed off a copy of her email exchange with her boss and called Samfiru Tumarkin LLP.
After reviewing the messages, I told the worker that she was well within her rights to claim wrongful dismissal and file a human rights complaint.
Given the strength of the sales associate’s case, I was able to secure a comprehensive severance package for her and additional damages for the pregnancy-based discrimination that she experienced at the end of her employment.
3. Contact us
If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.
My firm has helped tens of thousands of non-unionized employees in Ontario resolve their workplace issues.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
We can review your situation, enforce your rights and ensure that you receive the compensation you are legally entitled to.
Fired? Lost your job? Boss pressuring you to accept a severance offer immediately?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta and British Columbia. Get the advice you need — and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.