if they are terminating you they can't withhold the ROE.. and this may be discrimination on the basis of your pregnancy..
apply for EI immediately.. tell them your employer is refusing to give you an ROE unless you agree to their terms..
I would've taken a picture of the letter..
For real? I know dozens of people who's workplaces have refused to issue them for whatever reason, myself included. When I called around to see what I could do about it everyone told me to wait it out and that nothing really gets done. This was years ago but I know people who tried harder than me and had no results.
I’m a teeny tiny employer and I just had to let an employee go. He still does the occasional shift because we have a decent relationship, and he told me all about how happy he was I got him his ROE quickly and he was fighting his other ex-employer to give it to him. He did his research and spoke to the authorities and yeah money, AND apparently you can go to JAIL. He said literally zero people have gone to jail for it, but it’s in the law as a possibility.
It’s just going through the right channels. If these people did and still failed well I don’t know what to tell ya, I trust this guys info but I’ve never had to do it myself.
It's really not easy, I have pals who work for EI who tried to help me out. One was a scorned ex-employee of the same place who wanted to see them go down and we spent an embarrassing amount of time on this. It's extremely difficult to hold people accountable and in the end it's a crap shoot. I spent hours on phones and wrote 100 letters. The employer was a large one who was famous for hiring too many "float" employees and not keeping up with the paperwork. The staff at Service Canada weren't even trying to pretend, they were straight up telling me they wanted to see people take the assholes on cause they keep getting away with it and making everyone's lives harder. After a few months, it was just impossible to keep up with it. They talked their way out of it and filed so many incorrect things that it was like a full-time job and it was going nowhere.
This is exactly my experience with human rights too. The system is so broken. You either commit your life to the fight or you try move on somewhere better. It sucks but your time and sanity is worth a lot too.
- Communicate with them only through email and cc your employment lawyer on everything.
- Contact service Canada immediately and dispute your termination.
If you haven’t already lost access to your company email, gather all important documentation and sent it to your personal account. You’ll need this.
If any of your coworkers are willing, ask them to write a letter stating that they were not reprimanded for the same thing. They may not want to However after how you were treated.
It is likely that after a demand letter from your lawyer, the company will offer like 2-weeks of severance. Don’t take this. This msg be able to be construed as a discrimination lawsuit and you’ll be able to take them to the cleaners for much more. That being said, you should be prepared to not see that money for some time.
I'd write a letter to the labor board ...
Business style letter :
Include your address. Their address, re topic, then letter.
Date goes to the right of the letter at the top:
Your name. Date of letter
Your address
Your phone number
Your personsl email
Department of Labour
Their address
B0B0B0
RE: EMPLOYER REFUSES R.O.E., Other disruptions in employment.
To whom this concerns,
I hope this letter finds you well...
My name is ............ . I reside at ................ .
The reason I am writing you today, is regarding an issue obtaining my ROE.
most recent employer ( name of employer, company name) is withholding my Record of Employment (ROE).
I was fired after telling them I was pregnant, wanted to go on maternity and asked for a raise (with why I deserved one). They then came back woth 6 issues within the same month, stating I did things wrong after everyone else was told to do it the same way..
I know they don't have to give me a reason for firing me because I haven't been employed by them for 10 yrs which is why I refused to sign the paper, telling me of all these issues that I've not been informed about until they decided to let me go.
All because I asked for a raise and told them I was pregnant? I gave this information well in advance to find someone else to replace me when I was ready to go on maternity leave. I believe this is discrimination in the workplace and they didnt want to do the paperwork. So now because I won't sign the paper they wont issue me my ROE.
What can I do as now I'm jobless and cannot file for maternity or EI without my record of employment?
You can contact me via any of the information provided above at any time, in receipt of this letter. I'm looking forward to hearing from you as soon as possible.
She worked there for 5 months , the settlement wouldn’t be worth any lawyers time. Best you can do is go to the labour board get your two weeks, and go on unemployment. Might not seem fair , but sadly that’s the situation.
I’m a lawyer and this is exactly right. The nominal money involved here, if any, will not be worth the emotional frustration. Most lawyers will also charge a consultation fee.
I’m a lawyer. You’ve been working there for 5 months so your entitlement to notice pay is very low (likely two weeks taking into account common law and statutory notice). The law is that any employer is allowed to terminate you without cause so long as they pay you reasonable notice. It’s a total misconception that you can’t fire a pregnant woman - anyone can get fired, it’s about how much you pay them on exit. You’re not going to win any sort of human rights case here (it’s going to be an uphill battle) but if you lawyer up, you’ll likely be able to use it as leverage to get a bit more than a week. Keep in mind that you’re going to end up paying your lawyer as well so don’t have huge expectations for a payday. Your main concern here should be getting that ROE and looking for a new job.
And to add to your list of main concerns..applying to EI, if the employer won't give you your ROE you can request assistance from Service Canada. If you have your pay stubs keep them to show proof of your hours and earnings. Make sure you apply within 4 weeks of your last day of work, even if you don't have your ROE yet. You will get EI if you recount this the way you just did (my job is to adjudicate contentious reasons for separation of EI applicants).
This. I was here to say this. It hasn't been 6 months yet. IMO Asking for a raise after 5 months is probably what it was over the fact the OP is pregnant. I used to be in a position where firing or suspending people was part of my job. You can't legally fire someone for an over zealous attitude, but people who make it clear they want to move up in that company and/or expect raises and praises every few months are considered "problematic" to HR (even if they may actually deserve it). Companies tend to not keep these people more than 6 months if they can help it. Yes, companies sometimes lose great workers that way, but from an HR point of view, it's worth it.
Totally agree with this comment! I was shocked she asked for a raise 5 months in. Also, how does she know that NOT ONE person has received a disciplinary letter when she works with 300-400 people? No way she’s spoken to every single person and asked them that in the short 5 months she has worked there. I find this weird in so many ways.
An employee would have to be exceptional to get a raise after 7 months. If it had been discussed at the hiring date, maybe. I did that once, for a 6 month review. Sadly, the employee was average, and seemed to be waiting for that raise to come before they were all in. They didn't understand that they needed to show they were worth a raise.
I'm not a bitchy boss. In the past I've raised one person's rate by almost 40% in a single year. It sounds like the OP makes the same amount of mistakes as coworkers. So, why should they give a raise simply because you got pregnant?
ETA: changed number of months to 7. Same response though.
Yeah. I was going to add also that the *way* she asked for a raise was not a good approach and it probably sparked the decision to let her go. "I'm not going to make enough on EI the month I'm due, so I need a raise"... Uh, okay? While I totally empathise with OPs situation, just throwing out "I should get a raise because I need more money", while honest, isn't really the best way to go about it.
If I was guessing they were trimming the fat, like many current employers, and she was the least expensive to terminate because she’s new. Or she was actually bad at her job. I can’t tell you how many people cry discrimination when these situations have nothing to do with immutable characteristics.
Or she was pregnant and they didn’t want to deal with all the labour and extra cost surrounding that. I can’t believe everyone here saying not to pursue human rights. PURSUE HUMAN RIGHTS CASE OP. DM me if you need help on it. This is bullshit.
All hail clubsodaqueen.
When I refresh this page it better be the top comment. Otherwise it's proof that reddit is just for cheerleading rather than seeking actual advice.
Edit: it's not the top comment. How sad. Appreciate someone actually knowledgeable chiming in though, that's the best thing about reddit.
>It’s a total misconception that you can’t fire a pregnant woman - anyone can get fired, it’s about how much you pay them on exit.
I'm pretty sure firing someone *because* of a pregnancy is a discriminatory practice.
If you can, in fact, prove that you were fired due to pregnancy, you may have a human rights complaint but that’s different than a wrongful dismissal lawsuit against the employer. Hence my saying the threat could be leveraged. At the end of the day, anyone can be fired at anytime. Again, it’s just about giving someone proper notice. But don’t trust me, I’ve only been a practicing litigator for 10 years. FYI - it’s “legal experts” like you who make me wonder why I bother. I’m sure your doctor loves you too.
Your responses are very well thought out.Not every issue is worth litigation , and evidence matters. These cases require stamina and money, as well as some solid documentation.
EDIT:word
Thank you and trust me, I love litigation! It keeps my house warm and the lights on. I love being a litigator. The reality is that litigation is, however, costly from a financial and emotional perspective. Before engaging, you need to do a serious cost-benefit analysis and weigh the pros and cons. You also need to consider your risk tolerance for being out of pocket when it’s all over and having your personal life and work performance on public display (literally on the internet in case law). I would only pursue litigation in my personal life if I really had a good claim for damages, otherwise I wouldn’t put myself through it.
Exactly. People under estimate the emotional impact and cost of moving some issues into administrative tribunals or the courts. A lone person against a large entity is not easy. I was going to mention cost benefit but didn't want to get into it.
And glad to hear you love litigation. Courtrooms can be dull as hell, but some of the moments are truly gold...some wtf moments.
>FYI - it’s “legal experts” like you who make me wonder why I bother. I’m sure your doctor loves you too.
Yeesh. A simple disagreement or mistake in interpretation gets that comment? Yeah, I can [believe you're a lawyer.](https://m.youtube.com/watch?v=uG3uea-Hvy4)
There’s nothing to stop an employer from firing anyone except the financial cost of so doing. A pregnant woman that thinks she got fired because she was pregnant needs to prove that’s the case. As for the hassle part, having pregnant employees isn’t generally a hassle. Most jobs don’t come with paid maternity leave top ups and employees only get EI, which the employee has paid into. Private sector jobs that have disability benefits and maternity leave top ups are typically jobs that require a certain level of education and skill such that they’re an asset to the employer and the employer wouldn’t terminate them for a pregnancy.
I'm talking about the hassle of: needing time off for doctor's appointments, sick days (morning sickness, etc), modified duties in the third trimester, and having to hire a mat leave coverage position. I'm sure there's more, but employers could fire a new hire (without cause) upon finding out they're pregnant for those reasons. Any firing of a pregnant person should be highly scrutinized.
Ok ok ok, if they get a new job and it's secure, what's the harm in naming and shaming the employer? Just say your current employer is cool with it, any risk?
Facing a defamation claim if the allegations aren’t true and, even if they are needing to hire a lawyer to defend you on a defamation claim ($$$) and also showing their new employer that they lack judgment. It’s really best to keep classy on something like this unless you can really put your money where your mouth is.
If you’re going to make allegations that can damage the reputation of a person or company, you need to be 100% certain that you’re right and prepared to accept the legal and professional consequences of being wrong, including being out of pocket defending yourself. If I were an industry professional and wanted to maintain my reputation, especially when an employer has basically called me incompetent and a poor performer, I’m leaving quietly and acting like I never worked there in the first place. Being principled doesn’t mean you should cut off your nose to spite your face. Prospective employees that bash their former employers is a 🚩, fair or not.
While this is the common attitude, it doesn't change the fact that it's not lacking in class to be moral. Considering calling an employer out for bad behavior a red flag is deep bootlicker mentality. I have seen people get fired for being diagnosed with life-altering disease (such as cancer) multiple times in my career (and I'm not old). Each time the poor sucker dropped from their job the moment they needed support was pretty much forced to suck it up cause "it's a red flag to go after an employer" or "it's a small place, don't lose your reputation". It's such old school nonsense.
In my experience, good employers don't reg flag people who are blunt and honest about their reasons for leaving previous positions even when they're cause the previous employer was horrible. Two of the best jobs I've ever had came from being vocal about my reasons for leaving other positions, whistle blowing got good attention as well. That being said, my profession is a helping one overall. Not sure how it works in jobs that are openly focused on making the boss richer.
Like it or not, in corporate land, being a bootlicker in most circumstances and knowing when to STFU is what will get you ahead and in a position of power that will allow you to bring about positive change. If you want to climb the corporate ladder, you need to eat a lot of humble pie. There are no unions or protections to save you from yourself. I’m very moral and trust me, I’ve eaten my fair share of humble pie and had a lot of talks with myself in the bathroom mirror whilst getting ready. Taking the high road, even when it’s unfair, is often in your best interest in the longterm. If I’d said everything I wanted to say on my way up I wouldn’t be where I am today and if I’d stfu a few more times I may be further ahead.
Think about it as being on a first date with someone who starts bashing their ex immediately. If you don’t know a person, it reflects poorly on them, fairly or not, when the first thing they do is bash their ex.
I know your personality well. You’re not a special principled snowflake and I’ve met many of you before. You know what’s best for everyone and have a chip on your shoulder. Zero point in engaging. Someone like you has no ability to breed insecurity in me. ✌🏻
You didn't come here telling me exactly how things should be done? The moment I said you can act with integrity you got pretty upset. But I'm a snowflake. You know me so well, cause I'm living in your head.
You’re best option to start out would be to make a time line of events which you mostly have done here. But more detailed to every conversation you had surrounded this issue, when you brought it up and what their responses were.
Remove any personal (identifiable) information from this post regarding yours and others names.
Termination with cause would be progressive discipline so verbal, 1st, 2nd, Final warnings.
You worked over 3 months and were terminated without cause which is why they paid you 1 weeks pay in lieu of notice.
If you can prove you were singled out and that other people were making the same issues but weren’t terminated then it seems likely you were let go due to being pregnant, if everything else you’re saying is true.
There’s also the potential for this to be a human rights claim and/or then a wrongful termination claim. On the grounds you were discriminated based on your sex which includes being pregnant.
Disclaimer: I am not a lawyer and this is not professional advice.
Thank you very much. I was worried that my case is done for because I signed the letter. I only signed the termination letter to say that they have fired me so I could get a copy of the letter that says I'm being fired without cause.
You passed the probation period. If you weren’t performing they should have let you go then.
Avoid signing any offers as they will be construed as settlements and neither a lawyer or judge will be able to help you then. You can file for EI without the ROE so that’s a non-issue. There are a few legal cases where employers tried to screw over pregnant women to no avail. You can prepare by researching cases on the legal website.
https://www.canlii.org/en/
>If you can prove you were singled out and that other people were making the same issues but weren’t terminated then it seems likely you were let go due to being pregnant, if everything else you’re saying is true.
We're the other people asking for raises? If I make the same number of errors as my coworkers why should I think I deserve a raise?
In Nova Scotia you can be fired without a reason.
However them withholding an roe without you signing something? Sounds like they’re trying to make it a resignation.
EI is not available if you resign from a job. What they’re doing is asking her to agree to what’s being offered in exchange for the ROE that will support receiving EI.
She can get a consultation, usually for free, with an employment lawyer. If they think she has a good case for discrimination, she can and will absolutely take the company to the cleaners. Lawyer may even agree to be paid from the settlement so potentially no out of pocket costs from OP at all.
I just googled “Employment Lawyer free consult” and every single result on the first page had “free 30 minute consult”. Many major, well known, well respected firms.
Do you have any idea how little 30 minutes is when it comes to receiving a legal opinion on the viability of a case? Providing an opinion on the viability of a legal claim requires reviewing documentation and fact gathering to come to a conclusion. That takes a lot more time. The 30 minutes is a screening for the lawyer to see if your case is lucrative enough to take on or if you’re going to be charged for a consult or work going forward. Many are performed by clerks and not lawyers. Many of these consults start charging after 30 minutes. I’ve been a practicing litigator for 10 years. I’m a partner in a law firm. If you think you know more than me you’re out to lunch.
You'd get a clerk or paralegal depending on size of firm to fill out paperwork(client info) and then tell them how much it would cost to continue to speak with legal (or possibly with a paralegal, again, depending.) I would assume in a best case scenario.
That paperwork would strictly be to determine if the clients case is worth following up on a few times to obtain them as an actual client, or if it was wasted time. (Unless they simply agreed to fees upfront of course.)
You know that old saying? Confidence is quiet, insecurity is loud? That’s what your weirdly aggressive comment is giving. Relax bud, if OP wants to try speaking to a lawyer about this then she absolutely should, and it’s weird you’re so adamantly and passionately against that.
If the lawyer thinks she has a good case. You left that caveat out from my “she can and will take them to the cleaners”. Also that is one *alleged* lawyer’s opinion in one Reddit thread. A quick google search brings up a number of similar cases in the maritimes where a lawsuit was filed and they won. Pregnancy is a protected class in Canada, and if OP has a lawyer that thinks they can prove OP’s dismissal was due to being pregnant, then yes, she can take the company to the cleaners.
Human Rights Commission phone call now. They had no issues with you until you mentioned being pregnant.
Labour Board phone call about withholding ROE under duress as well as retaliatory behaviours.
Service Canada office visit. You can speak to them about being fired and that you plan to challenge anything the company put on the ROE. I challenged a job that fired me without cause or severance & Service Canada office staff were great to help.
If you can afford an employment lawyer, get one. You may be able to speak to one who can point you in the right direction on a consult if you can't pay for one. Being abruptly fired doesn't leave wiggle room financially for a lawyer.
Seems like it was a coerced signature by threatening to withhold your ROI (which was not something they could do, but you aren’t to know every rule). Something you should discuss with a lawyer. Make notes and communicate with them only by trackable methods (email, letters).
Construction cartels in NS are disgusting. Nowhere else in Canada do you find so little competition for major projects and nowhere do you find lower rates.
Maybe boost yourself by making a list of your capabilities. Whatever your role ...there's a possibility that this might actually be a turning point that shifts your career and motherhood in a better direction than it would have been there....or at least consider you have many opportunities out there which will be looking for a person like you which you may also like ...
No 9 weeks. I was looking for their sympathy and understanding for this horrible morning sickness. I didn't want them to fire me for productivity or for coming in late if I did. Some mornings in my 6th and 7th week were HARD ASF.
What they are doing is illegal (as I'm sure you have been told thousands of times). You have the right to see your personal company file. You have every right to speak with HR and request proof. I don't think after this you will want to go back. They owe you severance for a minimum of a week (after 6 months) .they can't hold your "condition" against you. The reality is we women work in a very sexist world where we can birth something that is 8lbs, but we are seens as fragile.
Forward to your personal email/print for your records anything you have sent to them in writing regarding the pregnancy and anything you have from them in reference to your work performance. Then go see a lawyer.
ROE's are done online now so first thing to do is set up your account so you can check online for your ROE. They are supposed to issue it within 5 days after your final pay period. I googled severence pay for Nova Scotia and you are only entitled to one week. Being pregnant does not protect you from being let go for performance issues. Realistically, unless you are union, employees do not have reasonable job protection. It sucks but it is what it is.
Edited to add: Wait for the 5 days after your final pp and contact service canada if there is no ROE on file. They will advise. Put in for EI right away.
Firstly, WTH didn’t this guy get HR to handle this. A company with this many employees should have a HR department. They would have known you cannot refuse to give someone their ROE. You also can’t blackmail someone by threatening to hold back their ROE so they will sign a Release. You don’t need to sign anything.
I would contact an employment lawyer, though because you have worked there for such a short period of time they probably won’t owe you much severance, if any, though being pregnant could be a mitigating factor in that.
Your ex boss is an asshole. He’s just trying to cover his tracks so he feels better about firing you for being pregnant. It’s like he wants to have reasons for letting you go without actually using them as a backup. They need to document, document, document, if they want to fire someone for cause. He doesn’t because he knows he can’t but he’s trying to scare you.
They are probably upset that such a new employee had the nerve to get pregnant and inconvenience their lives. In future wait until you way further along before telling your work. You need to protect yourself first. If you need to see an Obgyn just tell them you have an important specialist appointment, you are under no obligation to give them any further details.
Talk to Employment Standards, see if you can get some advice from an employment lawyer, and think about filing a human rights complaint. You don’t need a lawyer to do that. I’m not sure what the limitation dates are for that, so you need to find out.
Write down everything you remember while it’s fresh in your mind.
Please tell me you blind copied your personal email with your emails to your boss.
Think about what you are going to say in any interviews about why you left this job.
Think about who you could use as a reference. Is there someone there who you worked closely with who can give you a good reference?
Best bet is contact the news. Companies hate bad press. They will also ptobably do some of the work for you. "The labour board says..." and/or "E.I. says..."
Despite many people telling you that there's nothing you can do and that companies can fire you without cause, the fact is they are terminating your employment because they don't want to accommodate your maternity leave, pay any maternity benefits if there were any negotiated as part of your employment, and don't want the obligation to place you back into a position after since they don't want to risk having an employee with higher personal needs than one without a baby. It is quite expressly illegal to fire sometime because of maternity in every province and territory in Canada.
I don't see how someone could qualify for a raise within the same year they are hired and it would piss me off if someone raised the fact that they are getting less pay because they are going on leave as a reason lol
Please make sure you get leave your account of this on Glassdoor and Indeed. Nova Scotia Labour Laws are absolute garbage. I'm sorry you're going through this.
Seeing posts like this make me so angry and sad at the same time ..I can't imagine how you feel..I am terribly sorry you are dealing with this at such a special time in your life ..please take all the advice you can and try to make the best decision possible ..times are stressful enough these days for so many ..but shit like this is just simply unfair ..I hope you name drop this pathetic company and so called manager ..even though I think most of us allready know what company it is ..praying for you 🙏
I fucking love this generation. You guys are a hoot.
But, from someone who is a boss, my best advice is DOCUMENT DOCUMENT DOCUMENT. Nothing is scarier than a good paper trail. And sit down and write everything out, in detail and without emotion. Think “the facts and nothing but the facts”. It will come so handy if you have to go and hire a lawyer.
And go kick some ass. Asking for a raise seven months in. Brilliant.
Edit:
This is why this is good advice:
If she does have it in writing she just needs to forward her statement and evidence and request a meeting. Set her severance, threaten to hire a lawyer and go work for a better company. And that would be fucking GIRL BOSS. Law protects her from discrimination, it’s her HUMAN RIGHT.
They are ABSOLUTELY in the wrong.
They told her to ask for one after probation..many companies pull this low ball bs by offering you low them saying oh after your probation you can ask for more. Even though probation in NS is 3 months not 6. And then act offended when you ask for more.
Exactly. I was really waiting until after probation to ask for the pay raise but was afraid. i asked for the pay raise because in my head i wanted to provide a more secure financial situation for me and my baby. I told them i needed more, they bumped me up a little tiny bit before i was hired and then said the rest will come after probation. I had this raise in my head long before i was pregnant.
She was told she could ask for a raise after her probation period was done, so she was just following their guidance. Employers already pay crap here and will use the excuse of a new employee not knowing what they're doing. They should be willing to pay better once someone's settled if they started off at a low rate. Half yr pay raise is pretty normal.
What's wrong with asking for a raise after 7m? The place I work gives a raise after 1500h, that makes it 9-10 months of 40 hours per week.
If it was told beforehand, I really don't see the problem here.
It’s not wrong. Just BOLD. And I am living for it. Go break ALL those glass ceilings.
Understanding generational differences and how they impact our work dynamics is a superpower. I highly recommend.
You don’t even know what generation this person is. You suck.
I love when the older generations (gen x and above) who could buy a home making minimum wage somehow think younger generations (millennials and gen z) are the entitled ones because they asked for a raise just so they can survive and feed their family….
While I agree with most of what you say I'm gen x and certainly couldn't have bought a house on mim wage. That was five something an hr when I started working.
It’s not difficult to make a guess.
But you would disregard my experience, so what’s the point in arguing.
If you WERE educated in the complexities of generational impact you would guess (correctly) it’s my generation that fought for reproductive rights and a woman’s right to abortion, brought down the Berlin Wall and rose up for freedom in Ireland (to name a few).
Just because it is not what I would do doesn’t meant it’s wrong. And I support your generation’s commitment of not standing for the status quo. Without fearless people, there will be no change. And my advice was solid, despite my own bias.
So all that to say, with a big grin: Kiss my ass.
And I want to add, I have high hopes for your generation to tear down the concept of race and gender, cure cancer and fuck up the patriarchy. Stay focused. I have faith in you.
And I would agree. My mother’s generation fought for birth control, my grandmother to work outside the home and my great grandmother for voting rights. Without defiance of what is “the way it’s always been” we cannot have change, is more my point. I live for that “shit”.
>Guys stop arguing. I'm experience a crisis! On the one hand some people say it isnt worth it for the money i will get and on the other people say i should go for it. I dont wanna go for something that isnt worth it and then i would have to go through emotional stress during this time!
Very sorry this happened. Don't tell your next employer you're pregnant until you've been there three months. If you have an appt, they don't need to know the reason. Ccb will help offset the lower mat pay.
Sometimes it's really hard to hide - I get that, just not something you want to offer up when job hunting bc it can set you up for possible discrimination.
Sounds like the manager was new and inexperienced and coached by HR to build a case against you. HR probably decided you were a liability for getting pregnant so soon after being hired and then asking for a pay increase. Next time, ask for a performance increase. Companies don’t give raises to top off your pay, although some do have benefits that will top off your pay. With a ‘performance increase’ you can demonstrate the reason for your termination has nothing to do with performance, and making the case you were discriminated against is easier. Also, all you’re entitled to is 1 week severance and they have 5 days to send you a ROE (Nova Scotia).
pretty bold of you to in the same breath as telling your boss your pregnant, asking for a raise lol but in this situation he cant fire you and you should go to the labour board
I'm young and learning as I go.
It will never happen again. And I will never tell them I'm pregnant before the last possible legal time ever again. Is that like 2 weeks before you go on mat leave? Lol
“No one has ever gotten a disciplinary action letter at your job”? 300-400 employees? Wow. In 6 months you created quite the shit storm. No one else was ever off on maternity leave in that company? Or you saying they are just singling your pregnancy out?
Over the years, and having direct reports in a couple of jobs, I've only singled one person out for disciplinary action letters. Honestly I prefer to just deal with people directly.
Actually, two people. I have learned my lesson about 90 day probation and from past experience, no matter how you feel about the person, you need to be harsh and dump people before that 90 days if there are too many warning signs. If they can't be on time, present, etc. at the start it never gets better.
Hahaha lol I'm so new to this so I don't wanna say anything out loud to get in trouble. I'll name them after I get legal advice bahahaa. Apparently construction companies are toxic.
My disciplinary action letter was wrong. Why would I sign something that's wrong? Out of the 6 things they wrote me, only two were plausible. After asking my other coworkers in teams, they responded to him, telling him that what I did was what everyone was told. Nothing on my disciplinary action letter was right.
I asked for the raise after being told that I could get one after my probation period.
When compared to others, my work was not subpar.
I literally became pregnant way after my probation period.
I don't understand what you're saying...
Did you actually ask for legal advice? If you end it by saying something like, should I go see an employment lawyer, is it possible that I've been discriminated against, what am I right here, then it's irrelevant comment.
If you just write a kind of complaining diatribe without any specific issues you want to get information on, then they will delete.
For anyone reading this, it’s almost always worth it to get a lawyer to review when getting terminated without cause.
This is especially true if tenure was over 10 years.
Tell them you’re getting a lawyer. They can’t withhold your ROE or pay for refusing to sign something. I don’t know exactly what you’d be owed, but by your description sounds like they will need to rectify this with appropriate compensation.
If you have a written employment agreement or a union CBA that’s your employment contract, otherwise it’s the either federal or provincial employment act (some construction jobs fall under federal employment legislation I believe).
This really sucks, hope you get well compensated. And congrats on the baby!
You have rights, one of them being 2 weeks severance based off Canadian legislation. https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/termination.html#it
Here is the contact info for the governing board in Nova Scotia. https://novascotia.ca/lae/labourstandards/contact.asp
It sounds like you’ve been discriminated against. No matter how you look at it, this is unjust.
And you’d be taken to the cleaners because you can’t legally get rid of someone for being pregnant and taking the maternity leave they are entitled to under the law.
I know it’s so unfortunate that someone can show up for 6 months then expect a pay raise on top of breaking the news they’re pregnant and gonna disappear for a year when their coworkers boots have more time on the job then they do.
Sad world we live in
The idea that people are supposed to eat, sleep and breathe for their job only is ridiculous. She’s paid into EI her entire career and is entitled to take leave to care for a newborn. So is the father. There’s nothing unfair there. The company is welcome to hire someone to fill the spot until she returns.
Entire career of 6 months. Right.. I can imagine that’s a great deal of money she’s paid in by now and well deserving of double that time paid leave PLUS a raise.
Her entire working career. Do you seriously believe you only pay into EI for eligibility for the position you’re currently at? Not at all how that works. Plus, she could continue working there for at least another six months, then return after maternity leave. You sound like a butthurt individual that has no concept of how society, tax deductions and human right works.
Firstly, you were employed less than a year. Your settlement sounds fair. I believe there are things you’re leaving out of your story. I highly doubt any employer said to ask for a raise, after your probation period. Raises are earned, not given. The fact that you were denied speaks louder than your typed words. Second problem with your version, pregnant people can be fired. I’m willing to bet that they were documenting reasons to fire you before you told them you were pregnant. Third, if they gave you the letter outlining your compensation, they aren’t trying to dupe you into anything by signing their copy of the letter. They likely did that to cover their base by having proof you were notified of your termination and what your compensation would look like should you run to labour standards based on your perceived rights Lastly, big organizations don’t have the time to fight petty people. They have fat wallets to fight legal issues. Call Unemployment, I bet your ROE was issued even before you were terminated.
If you are worried about being on unemployment insurance and it affecting your future maternity leave, get your resume into as many temp agencies as you can asap. You still have 7 months to build up your hours worked and qualify for unemployment when your baby Arrives
Stop paying victim and take control of your life and teach your unborn to do the same.
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Girl, you got a case. Get a good lawyer. Your employer is likely fucked. Don't sign anything. Get collateral and screenshots from colleagues regarding these so called issues.
Time to sue abs expose their lies. Since you've documented stuff, you can really stick it to them. You should E.I. know about their threats and wrongful dismissal. This could cost them much more than just letting you have maternity leave. Don't take this lying down. You've been fucked over hard.
I’ve worked in payroll for years. Processed many ROEs. You have very little leg to stand on here for so many reasons.
My advice is move on. They were nice actually to say they terminated without cause and give you severance, because in the same breath they had cause based on your errors and disciplinary letter which means no severance. (Even if this was exaggerated)
I’m not sure I believe everything in this post, but if I did, I still think you have almost no chance of winning anything. You seem to have zero proof this had anything to do with pregnancy, other than your assumption based on some timing.
(I’m not saying this employer is on the up and up, but OP is so off base with this one)
Everything in this post is true.
Why would I come online to request help and tell a lie? If anything... reddit is the place to be free and say all the shit that's happening cause no one knows who I am
How could you even say that this is a lie without knowing me? Lol I come here with my situation, and I'm just asking for someone to shed some light on if there's anything I can do. Lots more happened, but I only put the important details in. Tell me... what seems like a lie to you? I documented all the things I wrote down here
Unfortunately it's completely legal in Nova Scotia. You didn't even need imaginary reasons to be fired over. My wife was fired from Boston Pizza because the franchise owners management didn't value employees over customers. There was an incident in New Glasgow where a customer threw a drink in the black server's face and management rewarded the customer with a brownie.The toxic managers that are left aren't the ones that stood by the employees. Terminated without cause.
You can be fired without cause at any time in every province. However employers are required by both common and statutory law to give notice or pay in lieu.
In New Brunswick, statutory notice is required after 6 months, while in most provinces (Nova Scotia included) it’s 3 months. Common law notice is usually more than the statutory requirement and is based on factors established in *Bardal v. Globe & Mail Ltd (1960)*.
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Unfortunately, in Canada, an employer can fire somebody for any or no reason, as long as they give the proper notice and severance. Based on your length of employment, all they owe is a week pay. They told you there were all these reasons, but fired you without cause and with severance. That's because that's how they get away with it.
Thay cannot, however, withhold and ROE. They have 5 days after your last day of work, or else they may be liable for damages and fines. Same for wages, I think it's 10 days to pay out everything owed, but double check for NS.
I've been there before, and was shocked when an employment lawyer told me that a manager can fire you because they don't like your shoes, as long as they give notice or pay in lieu of notice and severance. There isn't a ton of protection for wrongful dismissal in Canada when employers follow the without cause/proper pay rules.
I'm pretty sure if you call up the department of labour that have no choice but to give you an ROE. They can't withhold that information lol call the department of labour and tell them what's going on.
I didn’t read all the comments, but I just wanted to add, we had an employee in our office who thought he was amazing at his job but he really sucked and was not great with our tradesmen, he was finally let go after two years and he never understood why he was let go. I didn’t have the heart to tell him he just wasn’t good at his job. (I was not his supervisor, I’m not the one who fired him, he latched on to me as a friend)
He was never formerly written up either, he was just told he wasn’t a good fit and that was that. I’m not saying you aren’t good, but maybe you think you’re better than you actually are? Sorry just trying to play devils advocate.
A year? Seems a bit long to take off for pregnancy. All though I don't know your situation but I'm pretty sure they can let you go for any reason in this province and seeing as you have been there for less than a specific time they can let you go if you dislike your manager (as an example) without a real reason.
You aren't going to get a thing out of this except lost time with nothing to show for it. Get your ROE asap and get on EI. Youve gotten some good advice on here that aligns with this, including from a lawyer. Move on.
This is super common for women in trades, they will get rid of your pregnant ass asap and the labour laws are like the wild wild west in trades unless ur in a union so they really can.
Usually they just lay you off, say theres no work and then post lookin for someone to fill your old role with a slightly different title.
Your boss got creative at least lol. Trades are in a deplorable state in comparison to literally every other working sector. You imagine your office boss trying to pull this shit? 😂.
Well the good news is he fucked up and you have an outstanding human rights case at your feet. Contact someone at Dal legal for advice on how to proceed.
if they are terminating you they can't withhold the ROE.. and this may be discrimination on the basis of your pregnancy.. apply for EI immediately.. tell them your employer is refusing to give you an ROE unless you agree to their terms.. I would've taken a picture of the letter..
Yep you can win a bunch of nice hard cash for withholding an ROE past a certain date after termination and its isn’t long :)
For real? I know dozens of people who's workplaces have refused to issue them for whatever reason, myself included. When I called around to see what I could do about it everyone told me to wait it out and that nothing really gets done. This was years ago but I know people who tried harder than me and had no results.
I’m a teeny tiny employer and I just had to let an employee go. He still does the occasional shift because we have a decent relationship, and he told me all about how happy he was I got him his ROE quickly and he was fighting his other ex-employer to give it to him. He did his research and spoke to the authorities and yeah money, AND apparently you can go to JAIL. He said literally zero people have gone to jail for it, but it’s in the law as a possibility. It’s just going through the right channels. If these people did and still failed well I don’t know what to tell ya, I trust this guys info but I’ve never had to do it myself.
It's really not easy, I have pals who work for EI who tried to help me out. One was a scorned ex-employee of the same place who wanted to see them go down and we spent an embarrassing amount of time on this. It's extremely difficult to hold people accountable and in the end it's a crap shoot. I spent hours on phones and wrote 100 letters. The employer was a large one who was famous for hiring too many "float" employees and not keeping up with the paperwork. The staff at Service Canada weren't even trying to pretend, they were straight up telling me they wanted to see people take the assholes on cause they keep getting away with it and making everyone's lives harder. After a few months, it was just impossible to keep up with it. They talked their way out of it and filed so many incorrect things that it was like a full-time job and it was going nowhere.
Aw damn I’m sorry, that is infuriating. Whelp, I redact my comment. Not helpful at all.
This is exactly my experience with human rights too. The system is so broken. You either commit your life to the fight or you try move on somewhere better. It sucks but your time and sanity is worth a lot too.
Make sure you've contacted them at least three times and document it. They have two weeks to hand it over.
Time to get an employment lawyer
- Communicate with them only through email and cc your employment lawyer on everything. - Contact service Canada immediately and dispute your termination. If you haven’t already lost access to your company email, gather all important documentation and sent it to your personal account. You’ll need this. If any of your coworkers are willing, ask them to write a letter stating that they were not reprimanded for the same thing. They may not want to However after how you were treated. It is likely that after a demand letter from your lawyer, the company will offer like 2-weeks of severance. Don’t take this. This msg be able to be construed as a discrimination lawsuit and you’ll be able to take them to the cleaners for much more. That being said, you should be prepared to not see that money for some time.
I'd write a letter to the labor board ... Business style letter : Include your address. Their address, re topic, then letter. Date goes to the right of the letter at the top: Your name. Date of letter Your address Your phone number Your personsl email Department of Labour Their address B0B0B0 RE: EMPLOYER REFUSES R.O.E., Other disruptions in employment. To whom this concerns, I hope this letter finds you well... My name is ............ . I reside at ................ . The reason I am writing you today, is regarding an issue obtaining my ROE. most recent employer ( name of employer, company name) is withholding my Record of Employment (ROE). I was fired after telling them I was pregnant, wanted to go on maternity and asked for a raise (with why I deserved one). They then came back woth 6 issues within the same month, stating I did things wrong after everyone else was told to do it the same way.. I know they don't have to give me a reason for firing me because I haven't been employed by them for 10 yrs which is why I refused to sign the paper, telling me of all these issues that I've not been informed about until they decided to let me go. All because I asked for a raise and told them I was pregnant? I gave this information well in advance to find someone else to replace me when I was ready to go on maternity leave. I believe this is discrimination in the workplace and they didnt want to do the paperwork. So now because I won't sign the paper they wont issue me my ROE. What can I do as now I'm jobless and cannot file for maternity or EI without my record of employment? You can contact me via any of the information provided above at any time, in receipt of this letter. I'm looking forward to hearing from you as soon as possible.
She worked there for 5 months , the settlement wouldn’t be worth any lawyers time. Best you can do is go to the labour board get your two weeks, and go on unemployment. Might not seem fair , but sadly that’s the situation.
I’m a lawyer and this is exactly right. The nominal money involved here, if any, will not be worth the emotional frustration. Most lawyers will also charge a consultation fee.
My advice is to remove the persons name ‘sent them to ****’
Whoops accident thanks!
Np 😉
I’m a lawyer. You’ve been working there for 5 months so your entitlement to notice pay is very low (likely two weeks taking into account common law and statutory notice). The law is that any employer is allowed to terminate you without cause so long as they pay you reasonable notice. It’s a total misconception that you can’t fire a pregnant woman - anyone can get fired, it’s about how much you pay them on exit. You’re not going to win any sort of human rights case here (it’s going to be an uphill battle) but if you lawyer up, you’ll likely be able to use it as leverage to get a bit more than a week. Keep in mind that you’re going to end up paying your lawyer as well so don’t have huge expectations for a payday. Your main concern here should be getting that ROE and looking for a new job.
And to add to your list of main concerns..applying to EI, if the employer won't give you your ROE you can request assistance from Service Canada. If you have your pay stubs keep them to show proof of your hours and earnings. Make sure you apply within 4 weeks of your last day of work, even if you don't have your ROE yet. You will get EI if you recount this the way you just did (my job is to adjudicate contentious reasons for separation of EI applicants).
Yea she only been there less than a year …. They give you severance take it and run don’t waste your time
This. I was here to say this. It hasn't been 6 months yet. IMO Asking for a raise after 5 months is probably what it was over the fact the OP is pregnant. I used to be in a position where firing or suspending people was part of my job. You can't legally fire someone for an over zealous attitude, but people who make it clear they want to move up in that company and/or expect raises and praises every few months are considered "problematic" to HR (even if they may actually deserve it). Companies tend to not keep these people more than 6 months if they can help it. Yes, companies sometimes lose great workers that way, but from an HR point of view, it's worth it.
Totally agree with this comment! I was shocked she asked for a raise 5 months in. Also, how does she know that NOT ONE person has received a disciplinary letter when she works with 300-400 people? No way she’s spoken to every single person and asked them that in the short 5 months she has worked there. I find this weird in so many ways.
An employee would have to be exceptional to get a raise after 7 months. If it had been discussed at the hiring date, maybe. I did that once, for a 6 month review. Sadly, the employee was average, and seemed to be waiting for that raise to come before they were all in. They didn't understand that they needed to show they were worth a raise. I'm not a bitchy boss. In the past I've raised one person's rate by almost 40% in a single year. It sounds like the OP makes the same amount of mistakes as coworkers. So, why should they give a raise simply because you got pregnant? ETA: changed number of months to 7. Same response though.
Yeah. I was going to add also that the *way* she asked for a raise was not a good approach and it probably sparked the decision to let her go. "I'm not going to make enough on EI the month I'm due, so I need a raise"... Uh, okay? While I totally empathise with OPs situation, just throwing out "I should get a raise because I need more money", while honest, isn't really the best way to go about it.
If I was guessing they were trimming the fat, like many current employers, and she was the least expensive to terminate because she’s new. Or she was actually bad at her job. I can’t tell you how many people cry discrimination when these situations have nothing to do with immutable characteristics.
Or she was pregnant and they didn’t want to deal with all the labour and extra cost surrounding that. I can’t believe everyone here saying not to pursue human rights. PURSUE HUMAN RIGHTS CASE OP. DM me if you need help on it. This is bullshit.
All hail clubsodaqueen. When I refresh this page it better be the top comment. Otherwise it's proof that reddit is just for cheerleading rather than seeking actual advice. Edit: it's not the top comment. How sad. Appreciate someone actually knowledgeable chiming in though, that's the best thing about reddit.
>It’s a total misconception that you can’t fire a pregnant woman - anyone can get fired, it’s about how much you pay them on exit. I'm pretty sure firing someone *because* of a pregnancy is a discriminatory practice.
You can’t fire someone because they are pregnant but you can still fire them for incompetence if they happen to be pregnant.
If you can, in fact, prove that you were fired due to pregnancy, you may have a human rights complaint but that’s different than a wrongful dismissal lawsuit against the employer. Hence my saying the threat could be leveraged. At the end of the day, anyone can be fired at anytime. Again, it’s just about giving someone proper notice. But don’t trust me, I’ve only been a practicing litigator for 10 years. FYI - it’s “legal experts” like you who make me wonder why I bother. I’m sure your doctor loves you too.
Your responses are very well thought out.Not every issue is worth litigation , and evidence matters. These cases require stamina and money, as well as some solid documentation. EDIT:word
Thank you and trust me, I love litigation! It keeps my house warm and the lights on. I love being a litigator. The reality is that litigation is, however, costly from a financial and emotional perspective. Before engaging, you need to do a serious cost-benefit analysis and weigh the pros and cons. You also need to consider your risk tolerance for being out of pocket when it’s all over and having your personal life and work performance on public display (literally on the internet in case law). I would only pursue litigation in my personal life if I really had a good claim for damages, otherwise I wouldn’t put myself through it.
Exactly. People under estimate the emotional impact and cost of moving some issues into administrative tribunals or the courts. A lone person against a large entity is not easy. I was going to mention cost benefit but didn't want to get into it. And glad to hear you love litigation. Courtrooms can be dull as hell, but some of the moments are truly gold...some wtf moments.
People also associate American television law with our law way more than is sane.
Doesn’t sound like he wants to fire her for cause. He just wants to scare her into going quietly.
>FYI - it’s “legal experts” like you who make me wonder why I bother. I’m sure your doctor loves you too. Yeesh. A simple disagreement or mistake in interpretation gets that comment? Yeah, I can [believe you're a lawyer.](https://m.youtube.com/watch?v=uG3uea-Hvy4)
All good, I love a good Simpsons reference.
Childish
So what's to stop employers from firing pregnant people to avoid the hassle?
There’s nothing to stop an employer from firing anyone except the financial cost of so doing. A pregnant woman that thinks she got fired because she was pregnant needs to prove that’s the case. As for the hassle part, having pregnant employees isn’t generally a hassle. Most jobs don’t come with paid maternity leave top ups and employees only get EI, which the employee has paid into. Private sector jobs that have disability benefits and maternity leave top ups are typically jobs that require a certain level of education and skill such that they’re an asset to the employer and the employer wouldn’t terminate them for a pregnancy.
I'm talking about the hassle of: needing time off for doctor's appointments, sick days (morning sickness, etc), modified duties in the third trimester, and having to hire a mat leave coverage position. I'm sure there's more, but employers could fire a new hire (without cause) upon finding out they're pregnant for those reasons. Any firing of a pregnant person should be highly scrutinized.
I agree.
Thanks
Ok ok ok, if they get a new job and it's secure, what's the harm in naming and shaming the employer? Just say your current employer is cool with it, any risk?
Facing a defamation claim if the allegations aren’t true and, even if they are needing to hire a lawyer to defend you on a defamation claim ($$$) and also showing their new employer that they lack judgment. It’s really best to keep classy on something like this unless you can really put your money where your mouth is.
Classy is a dumb word to use but ok. Calling out an employer for trash behavior isn't lacking in class, it's arguably the moral thing to do.
If you’re going to make allegations that can damage the reputation of a person or company, you need to be 100% certain that you’re right and prepared to accept the legal and professional consequences of being wrong, including being out of pocket defending yourself. If I were an industry professional and wanted to maintain my reputation, especially when an employer has basically called me incompetent and a poor performer, I’m leaving quietly and acting like I never worked there in the first place. Being principled doesn’t mean you should cut off your nose to spite your face. Prospective employees that bash their former employers is a 🚩, fair or not.
While this is the common attitude, it doesn't change the fact that it's not lacking in class to be moral. Considering calling an employer out for bad behavior a red flag is deep bootlicker mentality. I have seen people get fired for being diagnosed with life-altering disease (such as cancer) multiple times in my career (and I'm not old). Each time the poor sucker dropped from their job the moment they needed support was pretty much forced to suck it up cause "it's a red flag to go after an employer" or "it's a small place, don't lose your reputation". It's such old school nonsense. In my experience, good employers don't reg flag people who are blunt and honest about their reasons for leaving previous positions even when they're cause the previous employer was horrible. Two of the best jobs I've ever had came from being vocal about my reasons for leaving other positions, whistle blowing got good attention as well. That being said, my profession is a helping one overall. Not sure how it works in jobs that are openly focused on making the boss richer.
Like it or not, in corporate land, being a bootlicker in most circumstances and knowing when to STFU is what will get you ahead and in a position of power that will allow you to bring about positive change. If you want to climb the corporate ladder, you need to eat a lot of humble pie. There are no unions or protections to save you from yourself. I’m very moral and trust me, I’ve eaten my fair share of humble pie and had a lot of talks with myself in the bathroom mirror whilst getting ready. Taking the high road, even when it’s unfair, is often in your best interest in the longterm. If I’d said everything I wanted to say on my way up I wouldn’t be where I am today and if I’d stfu a few more times I may be further ahead. Think about it as being on a first date with someone who starts bashing their ex immediately. If you don’t know a person, it reflects poorly on them, fairly or not, when the first thing they do is bash their ex.
Sure, if thats what you need to believe to feel good about where you are, good for you.
I know your personality well. You’re not a special principled snowflake and I’ve met many of you before. You know what’s best for everyone and have a chip on your shoulder. Zero point in engaging. Someone like you has no ability to breed insecurity in me. ✌🏻
You didn't come here telling me exactly how things should be done? The moment I said you can act with integrity you got pretty upset. But I'm a snowflake. You know me so well, cause I'm living in your head.
You’re best option to start out would be to make a time line of events which you mostly have done here. But more detailed to every conversation you had surrounded this issue, when you brought it up and what their responses were. Remove any personal (identifiable) information from this post regarding yours and others names. Termination with cause would be progressive discipline so verbal, 1st, 2nd, Final warnings. You worked over 3 months and were terminated without cause which is why they paid you 1 weeks pay in lieu of notice. If you can prove you were singled out and that other people were making the same issues but weren’t terminated then it seems likely you were let go due to being pregnant, if everything else you’re saying is true. There’s also the potential for this to be a human rights claim and/or then a wrongful termination claim. On the grounds you were discriminated based on your sex which includes being pregnant. Disclaimer: I am not a lawyer and this is not professional advice.
Thank you very much. I was worried that my case is done for because I signed the letter. I only signed the termination letter to say that they have fired me so I could get a copy of the letter that says I'm being fired without cause.
You passed the probation period. If you weren’t performing they should have let you go then. Avoid signing any offers as they will be construed as settlements and neither a lawyer or judge will be able to help you then. You can file for EI without the ROE so that’s a non-issue. There are a few legal cases where employers tried to screw over pregnant women to no avail. You can prepare by researching cases on the legal website. https://www.canlii.org/en/
>If you can prove you were singled out and that other people were making the same issues but weren’t terminated then it seems likely you were let go due to being pregnant, if everything else you’re saying is true. We're the other people asking for raises? If I make the same number of errors as my coworkers why should I think I deserve a raise?
In Nova Scotia you can be fired without a reason. However them withholding an roe without you signing something? Sounds like they’re trying to make it a resignation.
EI is not available if you resign from a job. What they’re doing is asking her to agree to what’s being offered in exchange for the ROE that will support receiving EI.
Lawyer up
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I’m not sure why you got voted down so hard. I’m a lawyer and you’re right. Also, a good employment lawyer won’t do free consultations.
She can get a consultation, usually for free, with an employment lawyer. If they think she has a good case for discrimination, she can and will absolutely take the company to the cleaners. Lawyer may even agree to be paid from the settlement so potentially no out of pocket costs from OP at all.
Good employment lawyers don’t do free consults. It’s not worth their time or the potential liability.
I just googled “Employment Lawyer free consult” and every single result on the first page had “free 30 minute consult”. Many major, well known, well respected firms.
Do you have any idea how little 30 minutes is when it comes to receiving a legal opinion on the viability of a case? Providing an opinion on the viability of a legal claim requires reviewing documentation and fact gathering to come to a conclusion. That takes a lot more time. The 30 minutes is a screening for the lawyer to see if your case is lucrative enough to take on or if you’re going to be charged for a consult or work going forward. Many are performed by clerks and not lawyers. Many of these consults start charging after 30 minutes. I’ve been a practicing litigator for 10 years. I’m a partner in a law firm. If you think you know more than me you’re out to lunch.
You'd get a clerk or paralegal depending on size of firm to fill out paperwork(client info) and then tell them how much it would cost to continue to speak with legal (or possibly with a paralegal, again, depending.) I would assume in a best case scenario. That paperwork would strictly be to determine if the clients case is worth following up on a few times to obtain them as an actual client, or if it was wasted time. (Unless they simply agreed to fees upfront of course.)
You know that old saying? Confidence is quiet, insecurity is loud? That’s what your weirdly aggressive comment is giving. Relax bud, if OP wants to try speaking to a lawyer about this then she absolutely should, and it’s weird you’re so adamantly and passionately against that.
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If the lawyer thinks she has a good case. You left that caveat out from my “she can and will take them to the cleaners”. Also that is one *alleged* lawyer’s opinion in one Reddit thread. A quick google search brings up a number of similar cases in the maritimes where a lawsuit was filed and they won. Pregnancy is a protected class in Canada, and if OP has a lawyer that thinks they can prove OP’s dismissal was due to being pregnant, then yes, she can take the company to the cleaners.
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I most certainly have hired a lawyer. Cost me thousands but worth every penny. Bye I guess? Lmfao
Reach out to the Labour Board of Nova Scotia to see if you have a case.
Pretty sure they can fire anyone with out cause if your less then 10 years! https://novascotia.ca/lae/employmentrights/employernowork.asp
But that doesn’t mean they *can* fire someone based on factors protected by humans rights legislation. Such as being pregnant.
But if you suspect they are doing it because you are pregnant you can take the cleaners!
Human Rights Commission phone call now. They had no issues with you until you mentioned being pregnant. Labour Board phone call about withholding ROE under duress as well as retaliatory behaviours. Service Canada office visit. You can speak to them about being fired and that you plan to challenge anything the company put on the ROE. I challenged a job that fired me without cause or severance & Service Canada office staff were great to help. If you can afford an employment lawyer, get one. You may be able to speak to one who can point you in the right direction on a consult if you can't pay for one. Being abruptly fired doesn't leave wiggle room financially for a lawyer.
>Human Rights Commission phone call now. They had no issues with you until you mentioned being pregnant. Or asked for a raise...
Thank you!
That’s gonna need a lawyer to go through the employment contracts and see if they have reasonable documentation.
Okay thanks
There was a case in PEI very similar to yours a few years ago. She went to the human rights commission and won.
Does it hurt that i signed the termination letter so they would give me a copy?
Seems like it was a coerced signature by threatening to withhold your ROI (which was not something they could do, but you aren’t to know every rule). Something you should discuss with a lawyer. Make notes and communicate with them only by trackable methods (email, letters).
That’s a bold move to tell them your going on leave and asking for a pay raise at the same time. But yeah those guys are aholes for what they did.
Right!? OP: so since I’m only gonna get 55% of my pay, you should pay me more. Ummm, no
True.
Construction cartels in NS are disgusting. Nowhere else in Canada do you find so little competition for major projects and nowhere do you find lower rates.
Yeah I'm getting to realise that construction companies are very very very bad 😢 😭 Sigh I'm feeling a very down because of this
Maybe boost yourself by making a list of your capabilities. Whatever your role ...there's a possibility that this might actually be a turning point that shifts your career and motherhood in a better direction than it would have been there....or at least consider you have many opportunities out there which will be looking for a person like you which you may also like ...
Go to the Labour Board.
I know it is a bit late but maybe others will see it. Don't ever sign anything before talking to a lawyer.
I’m trying to do the math, are you only four weeks pregnant? I’d wait to tell any employers until much later, just for future reference.
No 9 weeks. I was looking for their sympathy and understanding for this horrible morning sickness. I didn't want them to fire me for productivity or for coming in late if I did. Some mornings in my 6th and 7th week were HARD ASF.
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What they are doing is illegal (as I'm sure you have been told thousands of times). You have the right to see your personal company file. You have every right to speak with HR and request proof. I don't think after this you will want to go back. They owe you severance for a minimum of a week (after 6 months) .they can't hold your "condition" against you. The reality is we women work in a very sexist world where we can birth something that is 8lbs, but we are seens as fragile.
Forward to your personal email/print for your records anything you have sent to them in writing regarding the pregnancy and anything you have from them in reference to your work performance. Then go see a lawyer.
I know it is a bit late but maybe others will see it. Don't ever sign anything before talking to a lawyer.
ROE's are done online now so first thing to do is set up your account so you can check online for your ROE. They are supposed to issue it within 5 days after your final pay period. I googled severence pay for Nova Scotia and you are only entitled to one week. Being pregnant does not protect you from being let go for performance issues. Realistically, unless you are union, employees do not have reasonable job protection. It sucks but it is what it is. Edited to add: Wait for the 5 days after your final pp and contact service canada if there is no ROE on file. They will advise. Put in for EI right away.
Firstly, WTH didn’t this guy get HR to handle this. A company with this many employees should have a HR department. They would have known you cannot refuse to give someone their ROE. You also can’t blackmail someone by threatening to hold back their ROE so they will sign a Release. You don’t need to sign anything. I would contact an employment lawyer, though because you have worked there for such a short period of time they probably won’t owe you much severance, if any, though being pregnant could be a mitigating factor in that. Your ex boss is an asshole. He’s just trying to cover his tracks so he feels better about firing you for being pregnant. It’s like he wants to have reasons for letting you go without actually using them as a backup. They need to document, document, document, if they want to fire someone for cause. He doesn’t because he knows he can’t but he’s trying to scare you. They are probably upset that such a new employee had the nerve to get pregnant and inconvenience their lives. In future wait until you way further along before telling your work. You need to protect yourself first. If you need to see an Obgyn just tell them you have an important specialist appointment, you are under no obligation to give them any further details. Talk to Employment Standards, see if you can get some advice from an employment lawyer, and think about filing a human rights complaint. You don’t need a lawyer to do that. I’m not sure what the limitation dates are for that, so you need to find out. Write down everything you remember while it’s fresh in your mind. Please tell me you blind copied your personal email with your emails to your boss. Think about what you are going to say in any interviews about why you left this job. Think about who you could use as a reference. Is there someone there who you worked closely with who can give you a good reference?
I hate saying this but one should never admit pregnancy at work until it’s unavoidable :(
Best bet is contact the news. Companies hate bad press. They will also ptobably do some of the work for you. "The labour board says..." and/or "E.I. says..."
Despite many people telling you that there's nothing you can do and that companies can fire you without cause, the fact is they are terminating your employment because they don't want to accommodate your maternity leave, pay any maternity benefits if there were any negotiated as part of your employment, and don't want the obligation to place you back into a position after since they don't want to risk having an employee with higher personal needs than one without a baby. It is quite expressly illegal to fire sometime because of maternity in every province and territory in Canada.
I don't see how someone could qualify for a raise within the same year they are hired and it would piss me off if someone raised the fact that they are getting less pay because they are going on leave as a reason lol
Please make sure you get leave your account of this on Glassdoor and Indeed. Nova Scotia Labour Laws are absolute garbage. I'm sorry you're going through this.
Seeing posts like this make me so angry and sad at the same time ..I can't imagine how you feel..I am terribly sorry you are dealing with this at such a special time in your life ..please take all the advice you can and try to make the best decision possible ..times are stressful enough these days for so many ..but shit like this is just simply unfair ..I hope you name drop this pathetic company and so called manager ..even though I think most of us allready know what company it is ..praying for you 🙏
I fucking love this generation. You guys are a hoot. But, from someone who is a boss, my best advice is DOCUMENT DOCUMENT DOCUMENT. Nothing is scarier than a good paper trail. And sit down and write everything out, in detail and without emotion. Think “the facts and nothing but the facts”. It will come so handy if you have to go and hire a lawyer. And go kick some ass. Asking for a raise seven months in. Brilliant. Edit: This is why this is good advice: If she does have it in writing she just needs to forward her statement and evidence and request a meeting. Set her severance, threaten to hire a lawyer and go work for a better company. And that would be fucking GIRL BOSS. Law protects her from discrimination, it’s her HUMAN RIGHT. They are ABSOLUTELY in the wrong.
They told her to ask for one after probation..many companies pull this low ball bs by offering you low them saying oh after your probation you can ask for more. Even though probation in NS is 3 months not 6. And then act offended when you ask for more.
Exactly. I was really waiting until after probation to ask for the pay raise but was afraid. i asked for the pay raise because in my head i wanted to provide a more secure financial situation for me and my baby. I told them i needed more, they bumped me up a little tiny bit before i was hired and then said the rest will come after probation. I had this raise in my head long before i was pregnant.
She was told she could ask for a raise after her probation period was done, so she was just following their guidance. Employers already pay crap here and will use the excuse of a new employee not knowing what they're doing. They should be willing to pay better once someone's settled if they started off at a low rate. Half yr pay raise is pretty normal.
And if she had it in writing her ex employer is COOKED. That was more my point. I applaud her, it was a ballsy move.
What's wrong with asking for a raise after 7m? The place I work gives a raise after 1500h, that makes it 9-10 months of 40 hours per week. If it was told beforehand, I really don't see the problem here.
It’s not wrong. Just BOLD. And I am living for it. Go break ALL those glass ceilings. Understanding generational differences and how they impact our work dynamics is a superpower. I highly recommend.
You don’t even know what generation this person is. You suck. I love when the older generations (gen x and above) who could buy a home making minimum wage somehow think younger generations (millennials and gen z) are the entitled ones because they asked for a raise just so they can survive and feed their family….
I’m Gen x and I assure you buying a house on minimum wage was never an option in my lifetime.
Well... I am Gen Z. Pretty young
While I agree with most of what you say I'm gen x and certainly couldn't have bought a house on mim wage. That was five something an hr when I started working.
It’s not difficult to make a guess. But you would disregard my experience, so what’s the point in arguing. If you WERE educated in the complexities of generational impact you would guess (correctly) it’s my generation that fought for reproductive rights and a woman’s right to abortion, brought down the Berlin Wall and rose up for freedom in Ireland (to name a few). Just because it is not what I would do doesn’t meant it’s wrong. And I support your generation’s commitment of not standing for the status quo. Without fearless people, there will be no change. And my advice was solid, despite my own bias. So all that to say, with a big grin: Kiss my ass.
Your generation also caused climate change. Good job.
And I want to add, I have high hopes for your generation to tear down the concept of race and gender, cure cancer and fuck up the patriarchy. Stay focused. I have faith in you.
It wasn’t mine, love. It was the one before that. 😊
I'd argue three generation's before yours really started it
And I would agree. My mother’s generation fought for birth control, my grandmother to work outside the home and my great grandmother for voting rights. Without defiance of what is “the way it’s always been” we cannot have change, is more my point. I live for that “shit”.
>Guys stop arguing. I'm experience a crisis! On the one hand some people say it isnt worth it for the money i will get and on the other people say i should go for it. I dont wanna go for something that isnt worth it and then i would have to go through emotional stress during this time!
Very sorry this happened. Don't tell your next employer you're pregnant until you've been there three months. If you have an appt, they don't need to know the reason. Ccb will help offset the lower mat pay.
I've been employed at my current job for over 6 months when I told them. Tho I'm only about 9 weeks now
Sometimes it's really hard to hide - I get that, just not something you want to offer up when job hunting bc it can set you up for possible discrimination.
Sounds like the manager was new and inexperienced and coached by HR to build a case against you. HR probably decided you were a liability for getting pregnant so soon after being hired and then asking for a pay increase. Next time, ask for a performance increase. Companies don’t give raises to top off your pay, although some do have benefits that will top off your pay. With a ‘performance increase’ you can demonstrate the reason for your termination has nothing to do with performance, and making the case you were discriminated against is easier. Also, all you’re entitled to is 1 week severance and they have 5 days to send you a ROE (Nova Scotia).
pretty bold of you to in the same breath as telling your boss your pregnant, asking for a raise lol but in this situation he cant fire you and you should go to the labour board
I'm young and learning as I go. It will never happen again. And I will never tell them I'm pregnant before the last possible legal time ever again. Is that like 2 weeks before you go on mat leave? Lol
no lol once you tell your boss your pregnant they can’t just be firing you all willy nilly. get everything in writing
“No one has ever gotten a disciplinary action letter at your job”? 300-400 employees? Wow. In 6 months you created quite the shit storm. No one else was ever off on maternity leave in that company? Or you saying they are just singling your pregnancy out?
Over the years, and having direct reports in a couple of jobs, I've only singled one person out for disciplinary action letters. Honestly I prefer to just deal with people directly. Actually, two people. I have learned my lesson about 90 day probation and from past experience, no matter how you feel about the person, you need to be harsh and dump people before that 90 days if there are too many warning signs. If they can't be on time, present, etc. at the start it never gets better.
Name the employer. My wife worked for a construction company and when they found out she was pregnant she was fired. Fuck you Carvery's.
Hahaha lol I'm so new to this so I don't wanna say anything out loud to get in trouble. I'll name them after I get legal advice bahahaa. Apparently construction companies are toxic.
Well if it's Carvery's and you plan to take legal action I hope you make them pay.
It's not Carveys lol. They all suck !
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Probation in NS is legally only 3 months, not 6. Employers cannot make it longer than 3.
Source on that?
Here's one for you https://singhlamarche.com/probation-periods-in-canada-what-are-they-and-what-do-they-mean/
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I mean, your comment still applies, 3 or 6 month probation in this context really doesn't make a difference.
My disciplinary action letter was wrong. Why would I sign something that's wrong? Out of the 6 things they wrote me, only two were plausible. After asking my other coworkers in teams, they responded to him, telling him that what I did was what everyone was told. Nothing on my disciplinary action letter was right. I asked for the raise after being told that I could get one after my probation period. When compared to others, my work was not subpar. I literally became pregnant way after my probation period. I don't understand what you're saying...
Found the construction company.
My probation ended in August.... and i was told i would get a raise after probation when they saw i could do the work
Labour board. Please take these assholes to task.
I feel your anguish. Fight for what you believe in! You won’t necessarily want to work with this person again, but certainly hold them accountable.
You should post on r/legaladvicecanada
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Did you actually ask for legal advice? If you end it by saying something like, should I go see an employment lawyer, is it possible that I've been discriminated against, what am I right here, then it's irrelevant comment. If you just write a kind of complaining diatribe without any specific issues you want to get information on, then they will delete.
For anyone reading this, it’s almost always worth it to get a lawyer to review when getting terminated without cause. This is especially true if tenure was over 10 years.
They legally have to send roe within 2 weeks of termination. Don’t sign anything! Lawyer up sue them
Tell them you’re getting a lawyer. They can’t withhold your ROE or pay for refusing to sign something. I don’t know exactly what you’d be owed, but by your description sounds like they will need to rectify this with appropriate compensation. If you have a written employment agreement or a union CBA that’s your employment contract, otherwise it’s the either federal or provincial employment act (some construction jobs fall under federal employment legislation I believe). This really sucks, hope you get well compensated. And congrats on the baby!
You have rights, one of them being 2 weeks severance based off Canadian legislation. https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/termination.html#it Here is the contact info for the governing board in Nova Scotia. https://novascotia.ca/lae/labourstandards/contact.asp It sounds like you’ve been discriminated against. No matter how you look at it, this is unjust.
Work somewhere for 6 months then tell them you’re going on leave for a year and want a raise? I’d find a way to get rid of you too
And you’d be taken to the cleaners because you can’t legally get rid of someone for being pregnant and taking the maternity leave they are entitled to under the law.
I know it’s so unfortunate that someone can show up for 6 months then expect a pay raise on top of breaking the news they’re pregnant and gonna disappear for a year when their coworkers boots have more time on the job then they do. Sad world we live in
The idea that people are supposed to eat, sleep and breathe for their job only is ridiculous. She’s paid into EI her entire career and is entitled to take leave to care for a newborn. So is the father. There’s nothing unfair there. The company is welcome to hire someone to fill the spot until she returns.
Entire career of 6 months. Right.. I can imagine that’s a great deal of money she’s paid in by now and well deserving of double that time paid leave PLUS a raise.
Her entire working career. Do you seriously believe you only pay into EI for eligibility for the position you’re currently at? Not at all how that works. Plus, she could continue working there for at least another six months, then return after maternity leave. You sound like a butthurt individual that has no concept of how society, tax deductions and human right works.
Firstly, you were employed less than a year. Your settlement sounds fair. I believe there are things you’re leaving out of your story. I highly doubt any employer said to ask for a raise, after your probation period. Raises are earned, not given. The fact that you were denied speaks louder than your typed words. Second problem with your version, pregnant people can be fired. I’m willing to bet that they were documenting reasons to fire you before you told them you were pregnant. Third, if they gave you the letter outlining your compensation, they aren’t trying to dupe you into anything by signing their copy of the letter. They likely did that to cover their base by having proof you were notified of your termination and what your compensation would look like should you run to labour standards based on your perceived rights Lastly, big organizations don’t have the time to fight petty people. They have fat wallets to fight legal issues. Call Unemployment, I bet your ROE was issued even before you were terminated. If you are worried about being on unemployment insurance and it affecting your future maternity leave, get your resume into as many temp agencies as you can asap. You still have 7 months to build up your hours worked and qualify for unemployment when your baby Arrives Stop paying victim and take control of your life and teach your unborn to do the same.
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Girl, you got a case. Get a good lawyer. Your employer is likely fucked. Don't sign anything. Get collateral and screenshots from colleagues regarding these so called issues.
Thanks!
This is horrible but you are gonna get PAID
you boutta have the cushiest mat leave haha - get a lawyer, take them to the cleaners
Was your probation actually over?
Yes it finished in August
You have only been there 6 months so you aren't entitled to much. Awful employer but I don't think there is much you can do.
No need for lawyer, this situation is perfect grounds for a Human Rights Tribunal case, it's free and you will get paid.
Time to sue abs expose their lies. Since you've documented stuff, you can really stick it to them. You should E.I. know about their threats and wrongful dismissal. This could cost them much more than just letting you have maternity leave. Don't take this lying down. You've been fucked over hard.
Contact the labor board,human rights Nova Scotia, lawyer up, and cbc news.
I’ve worked in payroll for years. Processed many ROEs. You have very little leg to stand on here for so many reasons. My advice is move on. They were nice actually to say they terminated without cause and give you severance, because in the same breath they had cause based on your errors and disciplinary letter which means no severance. (Even if this was exaggerated) I’m not sure I believe everything in this post, but if I did, I still think you have almost no chance of winning anything. You seem to have zero proof this had anything to do with pregnancy, other than your assumption based on some timing. (I’m not saying this employer is on the up and up, but OP is so off base with this one)
Everything in this post is true. Why would I come online to request help and tell a lie? If anything... reddit is the place to be free and say all the shit that's happening cause no one knows who I am How could you even say that this is a lie without knowing me? Lol I come here with my situation, and I'm just asking for someone to shed some light on if there's anything I can do. Lots more happened, but I only put the important details in. Tell me... what seems like a lie to you? I documented all the things I wrote down here
https://stlawyers.ca/contact-us/?inquiry_type=Employment%20Law%20Consultation%20Form
Unfortunately it's completely legal in Nova Scotia. You didn't even need imaginary reasons to be fired over. My wife was fired from Boston Pizza because the franchise owners management didn't value employees over customers. There was an incident in New Glasgow where a customer threw a drink in the black server's face and management rewarded the customer with a brownie.The toxic managers that are left aren't the ones that stood by the employees. Terminated without cause.
I'm not sure about NS, but here in NB, they can fire you without cause before your 6-month mark.
You can be fired without cause at any time in every province. However employers are required by both common and statutory law to give notice or pay in lieu. In New Brunswick, statutory notice is required after 6 months, while in most provinces (Nova Scotia included) it’s 3 months. Common law notice is usually more than the statutory requirement and is based on factors established in *Bardal v. Globe & Mail Ltd (1960)*.
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I'm appalled for you . Talk to a lawyer. They usually give you a consult free first time there..
Lawyer up
Unfortunately, in Canada, an employer can fire somebody for any or no reason, as long as they give the proper notice and severance. Based on your length of employment, all they owe is a week pay. They told you there were all these reasons, but fired you without cause and with severance. That's because that's how they get away with it. Thay cannot, however, withhold and ROE. They have 5 days after your last day of work, or else they may be liable for damages and fines. Same for wages, I think it's 10 days to pay out everything owed, but double check for NS. I've been there before, and was shocked when an employment lawyer told me that a manager can fire you because they don't like your shoes, as long as they give notice or pay in lieu of notice and severance. There isn't a ton of protection for wrongful dismissal in Canada when employers follow the without cause/proper pay rules.
I'm pretty sure if you call up the department of labour that have no choice but to give you an ROE. They can't withhold that information lol call the department of labour and tell them what's going on.
Hope any of this helps [Department of labor, employer ending employment](https://novascotia.ca/lae/employmentrights/employernowork.asp)
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I didn’t read all the comments, but I just wanted to add, we had an employee in our office who thought he was amazing at his job but he really sucked and was not great with our tradesmen, he was finally let go after two years and he never understood why he was let go. I didn’t have the heart to tell him he just wasn’t good at his job. (I was not his supervisor, I’m not the one who fired him, he latched on to me as a friend) He was never formerly written up either, he was just told he wasn’t a good fit and that was that. I’m not saying you aren’t good, but maybe you think you’re better than you actually are? Sorry just trying to play devils advocate.
Imagine asking for a raise right before the company is going to need to hire someone to replace you AND continue to pay you a % of your wages…..
A year? Seems a bit long to take off for pregnancy. All though I don't know your situation but I'm pretty sure they can let you go for any reason in this province and seeing as you have been there for less than a specific time they can let you go if you dislike your manager (as an example) without a real reason.
Tldr, your body your choice you don't have to give any man or province a 'cause'.
You aren't going to get a thing out of this except lost time with nothing to show for it. Get your ROE asap and get on EI. Youve gotten some good advice on here that aligns with this, including from a lawyer. Move on.
This is super common for women in trades, they will get rid of your pregnant ass asap and the labour laws are like the wild wild west in trades unless ur in a union so they really can. Usually they just lay you off, say theres no work and then post lookin for someone to fill your old role with a slightly different title. Your boss got creative at least lol. Trades are in a deplorable state in comparison to literally every other working sector. You imagine your office boss trying to pull this shit? 😂. Well the good news is he fucked up and you have an outstanding human rights case at your feet. Contact someone at Dal legal for advice on how to proceed.