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I am pre pregnant and my employer of 12 years fires me

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Description

Law Type:Employment / Labour
Location: Scarborough, Ontario
Specific Issue: Wrongful Termination

Case Description

I told the office manager and a v.p. that I was pregnant and the company fired me two weeks later. Although the executive team (i.e., Chair/President, COO and CFO) denied knowing of my current pregnancy when they were giving me notice of termination, the president admitted at the time they were serving me notice, to have known that I have recently miscarried.

The reason they gave me for termination is because my client terminated their contract with my employer. The client is leaving because of another employee's incompetence. My employer fired this same employee 8 or so years ago for incompetence but used his services occasionally as a consultant. When I came back from my maternity leave in 2007, instead of assigning me the client, they assigned it to the consultant (he is paid less than I am) and I was told that we were "co-leaders" on this client, although the consultant would have most day-to-day contact with them and given a more senior title (i.e., his title was “Executive Director” and I was “Director of Operations” for them). Although this arrangement was initially relayed to me verbally, I have a signed attestation from a current vp confirming that I was a “co-leader” at the start of this arrangement.

The consultant then framed his inadequacies with the client to my employer as problems that I created and in March 2009, my employer proceeded to lay the grounds to fire me with cause. I rebutted these efforts and have signed documentation from a v.p. in my company attesting to how each of the allegations made against me are unsubstantiated. Due to the consultant's incompetence, our client had requested in August 2009 to formally have him taken off of their account. Although the consultant no longer had formal contact with the client, because of shortage in staff, the client had been told that the consultant would continue working in background. In November, the client gave formal notice to my employer that they are terminating their services with my company and a few days later, my employer gave notice to me. The consultant has been assigned another client and continues to play supporting roles for other clients.

I have written recommendations from this client as well as past clients.

I am a senior manager and pregnant. Do I have a case for wrongful dismissal? What is the maximum severance I can get? I have been employed with them for almost 12 years. I need to consult an employment / wrongful dismissal lawyer on my rights and pursue this case if deemed possible by this lawyer.


Details

Case id : 010616
City : Scarborough
Province : Ontario
Category : Employment / Labour
Specific : Wrongful Termination

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