employee be wrongfully dismissed
Wrongful dismissal is one of the most distressing things that can happen to someone. It means that a person’s career is suddenly and unexpectedly ended, often with little explanation or reason. When this occurs, it can leave individuals with a variety of mental, emotional and financial challenges. In many cases, these consequences are long-lasting, and in some instances even life changing. While it is not illegal for employers to fire their employees for a variety of reasons, certain criteria must be met in order to ensure that the termination does not amount to wrongful dismissal.
A common question I receive from clients is whether it is possible for a person to be wrongful dismissal while on maternity leave. The answer is yes, and this can be a difficult issue to navigate without the support of an experienced employment lawyer. As a general rule, most Canadian employment law statutes forbid firing employees in circumstances where pregnancy or maternity leave plays a role. In addition, these statutes generally require that employees be reinstated to their jobs (or a “comparable role” if their original position is no longer available) upon return from maternity or parental leave.
However, there are a few statutory exemptions to this rule. For example, an employer may terminate an employee during maternity leave for a legitimate business reason that is unrelated to their maternity or parental leave, such as a complete business closure or downsizing. Similarly, an employer might fire a high-performing employee during maternity leave for good performance reasons that are not related to their maternity or parental leave.
Can an employee be wrongfully dismissed during maternity leave in Toronto?
Regardless of the circumstances, a woman who is fired while on maternity or maternity leave will generally be owed severance pay if they are terminated before their return to work. This is true if the termination is related to their pregnancy or maternity leave, but is also often true in other cases as well.
In the past, I have assisted a number of clients who were terminated while on maternity or maternity leave for reasons that were not related to their maternity or parental leave, such a business shutdown or downsizing. These situations are typically defended by an argument that the company was doing something completely legitimate that did not violate any employment laws, and that any severance pay that is owed to the employee is justified under the terms of the applicable statutory law.
If you have been unfairly terminated while on maternity or maternity leaves, contact a wrongful dismissal toronto lawyer as soon as possible to discuss your legal rights and options. The leading employment and labour lawyers at Minken have a proven track record in this area of the law, and can provide expert advice and representation to employers and employees throughout the GTA (Markham, Newmarket, Aurora, Richmond Hill, North York etc), Ontario and Canada. Call us or complete our online form today to arrange a free consultation. We also offer consultations via Skype or Facetime for international and remote workers.