Question 1

Can my employer fire me while I am pregnant in Ontario?

Accepted Answer

No, not because of your pregnancy. Ontario's Human Rights Code prohibits discrimination in employment based on sex, which expressly includes pregnancy. The Employment Standards Act, 2000, also protects employees during job-protected leave. If dismissed during or after announcing your pregnancy, you may have both a wrongful dismissal claim and a human rights claim.

Question 2

Can I be let go while on maternity or parental leave in Ontario?

Accepted Answer

Your position is job-protected during ESA leave. Employers cannot use your leave as the reason for dismissal. Ontario courts scrutinize the timing of terminations that coincide with leave periods closely. Speak to an employment lawyer before signing anything or responding to your employer.

Question 3

What happens if my position was eliminated while I was on leave?

Accepted Answer

A position elimination during leave does not automatically protect the employer from liability. Courts assess whether the restructuring was genuine and whether a comparable role was offered. If the elimination appears to be a pretext, the termination may still qualify as wrongful dismissal.

Question 4

Am I entitled to severance if I was fired during maternity leave?

Accepted Answer

Yes, potentially. Entitlements may include termination pay under the Employment Standards Act, 2000, severance pay if qualifying thresholds are met, and human rights damages if the dismissal involved pregnancy-related discrimination. Amounts vary; legal advice is essential before accepting any offer.

Question 5

How long do I have to make a wrongful dismissal claim after being fired on leave?

Accepted Answer

Under Ontario's Limitations Act, 2002, you generally have two years from the date of dismissal for a civil claim. For ESA complaints, the window is typically 12 months. Acting promptly preserves evidence and maximizes your options.

Question 6

Is it wrongful dismissal if I returned from leave to a different role?

Accepted Answer

Returning to a substantially inferior role may constitute constructive dismissal. The ESA protects your right to return to the same or a comparable position. If the role offered was significantly lesser in pay, responsibility, or seniority, speak to a lawyer before accepting or rejecting it.

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Happy Family Day!

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