A former Google Canada employee is suing the tech giant—alleging that pregnancy was a factor in her dismissal.
While the company has denied any wrongdoing, it’s in the hot seat after claiming that pregnancy isn’t a protected ground under Ontario’s Human Rights Code.
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Not only is this incorrect, but the situation highlights why it’s crucial for non-unionized workers in the province to understand their human rights in the event they’re violated.
If you’re fired or let go, and believe the reasons were discriminatory, 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 staff to immediately accept severance offers that provide them with far less compensation than they deserve.
Once you sign on the dotted line, you forfeit your right to pursue full severance, which can be as much as 24 months’ pay.
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If you receive a severance offer from your boss, don’t accept anything before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP. The company can’t force you to sign it on the spot or a few days after it was given 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. There’s also a very good chance that you’re owed compensation for the discrimination you experienced at the end of your employment.
2. Gather any relevant documents
Since it’s extremely unlikely that your company will admit to violating your human rights, the more evidence you can provide, the better.
Gather any relevant documents, including letters, emails or text messages, that support your discrimination claim.
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One of my clients, an administrative assistant in Toronto, shared during a team meeting that she was expecting her first child.
Roughly 15 minutes after returning to her desk, the individual received an email from her manager—asking her how “far along” her pregnancy was.
Assuming her boss was excited for her, the administrative assistant disclosed that she recently entered her second trimester.
However, as she prepared to head to the office the following day, she got a phone call from her manager—informing her that she was being let go, effective immediately.
Before the administrative assistant had an opportunity to ask why this was happening, her boss hung up and sent any calls from her directly to voicemail.
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Confident that pregnancy was a factor in her termination, she brought her severance offer and a copy of her email conversation with her manager to Samfiru Tumarkin LLP.
After reviewing the documents, I told the administrative assistant that she was well within her rights to claim wrongful dismissal and file a human rights complaint.
Given the strength of her case, I was able to secure a comprehensive severance package for my client and additional damages for the pregnancy-based discrimination she experienced at the end of her employment.
3. Contact us
If you’ve lost your job for any reason, your best course of action is to contact the experienced employment law team at Samfiru Tumarkin LLP.
Since 2007, my firm and I have helped tens of thousands of non-unionized employees in Ontario resolve various workplace issues, including human rights violations.
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Our goal is to deliver the results that matter to you. We’ve structured our fees to be as transparent, fair and accessible as possible.
Human rights violated? Boss pressuring you to accept a severance offer immediately?
Contact the firm or call 1-855-821-5900 for a consultation with an employment lawyer. 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.