An Interview with a Prominent Employment Lawyer
The air is turning a little cooler. The mention of “back to school” lingers in the air, as does the uncertainty that comes with it. We have heard news of mass layoffs, job uncertainty and businesses operating with “skeleton staff.”
If you’re worried about your position being eliminated at work, or your hours being reduced, these employment tips may help you plan ahead.
If you’re like me, you’re not sure what the future holds.
Being a realtor, we are on an “eat what you kill” system. However, having been in real estate management for two years, I am also a salaried employee who took a leave for maternity – which lasted all of 3 months. However, knowing what has happened over the past few months, the world has changed quite a bit. So has job security.
I had a virtual interview with a stellar employment lawyer, as well as Pretty & Smart Co. friend, Kathryn Marshall. I asked her a few questions that many women on maternity leave or who have found themselves laid off or unsure what lays ahead, may be wondering.
TLDR most important takeaway: Do not agree to anything without consulting a legal professional, like Kathryn. 
If you’ve got the time to stick around and keep reading, below are a few other tips that came from the interview.
If you are on maternity leave and your employer eliminates your position or replaces you, what should you do?
A maternity leave is a job-protected leave of absence. This means that your employer has a duty to reinstate you to the position you held before your leave, or a similar position if your previous role no longer exists. If your employer fails to do this, then they must pay you severance. You can also file a complaint with the ministry of labour or consult with a lawyer if you think you have been discriminated against as a result of your pregnancy. Your employer may be forced to reinstate you or pay you damages.
If you are let go due to COVID-19, does your employer have to prove they suffered losses?
Your employer doesn’t need to prove they have suffered financial losses in order to lay you off or terminate you as a result of COVID-19. However, your employer must comply with the Employment Standards Act which sets out requirements such as notice and severance.
If you are laid off/ furloughed/ does your employer have to compensate you?
No, however, you will likely be eligible for EI or the CERB.
Any general advice for women who find themselves laid off?
Don’t sign anything or agree to anything presented to you by your employer without first consulting a lawyer. Your employer doesn’t have a right to temporarily lay you off unless you have agreed to it or there is an industry precedent. You may have a right to severance; thus you shouldn’t sign anything until you get legal counsel as this may impact your rights.
If you are let go, any tips on what to ask for?
Ensure that you confirm with your employer as to whether your benefits will continue and what your recall date is. Ask your employer for a formal lay-off letter. However, don’t sign it until you have consulted with a lawyer.
If you enjoyed reading this article, you may also enjoy The Struggles of Ambitious Women.
If you want to know where you can find Kathryn click here.
