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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85235
Experience:  Lawyer
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Hello, I work for one of the major bank here in Toronto. I

Customer Question

Hello, I work for one of the major bank here in Toronto. I am currently 7 months pregnant. Before I announce my pregnancy around 3.5months, I had to go on sick leave for 2 weeks due to my condition. After coming back, I noticed my boss had cut me out of the big project I was working on for more than a year. I was left with nothing to do. Few days after, I announced my pregnancy without mentioning any intent to go on maternity leave yet. In a subsequent meeting, I was informed that I was not going to work anymore on that project because of my pregnancy, and since I was going on maternity leave, the project was going to be transitioned to someone else. Few days later, in another meeting, i raised that point to my boss, telling him I did not think it was fair, his answer was he found it unfair that I went on sick leave unexpectedly and also for him it makes sense to transition the project now instead of waiting 4 more months to do it.
In my mid-year assessment, I wrote that I've been subject to an unfair treatment and I felt discriminated twice, because of my health condition and pregnancy and this was not right by law. The next day I was contacted by HR who tried to resolve the issue softly. In a meeting organized by HR, I agreed that my manager recognized his wrong doing, that the decision was a mistake.
The problem now is that I have HR coming back at me, asking me to remove what I wrote in my mid-year assessment because that was not the place to put it, it was inappropriate and not a performance related issue. They said I have to be aware that this can hurt me in the future if I look for another position in the bank. I don't feel comfortable removing it, but I feel pressure from them to delete my comment and re-write another mid-year document that will not reflect what happened.
What do you think I should do? My feeling is, at the end of my maternity leave, I will be fired anyway. Thank you
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

They are not protecting you.

They want to protect themselves from allegations of discrimination.

You should not remove the comments because it could later be said that you retracted your earlier position.

But you are not retracting. They as well as you know this was wrong and discrimination.

Fortunately they addressed it but you still need the record there in case you need it down the road.

Let me know if you need further clarification.
Customer: replied 1 year ago.

Thanks for replying.


So how should I let them know my final position now without looking like a trouble-maker? Because that's the way they make me feel when talking to me.


 


During my last conversation with HR over the phone last Tuesday, they told me that I raised a complain using an inappropriate place to do it, but they addressed my issue and the manager recognized his mistake. They have documented it in their files and kept HR records. The issue is now closed since I said I was okay with that ending.


So for them, there are no reasons for me to keep it in my mid-year assessment, especially knowing that it can hurt me when i look for another position in the bank. No hiring manager will want to hire me after reading that. She told me that I have to move on now and focus on building a better working relationship with my manager.


 


Yesterday, I received an email from my manager reminding me that he had a discussion with HR and they told him that I have agreed to remove my comments in my assessment and he will do the same too. I have to call a number and ask them to reopen my file since it is now locked up in a Read-only form. I haven't reply to his email.


 


Honestly, I don't feel it right. Should I call the HR again next week to tell them my final position? If yes, what should I say that won't look like I don't cooperate or accept the rules? Or should I just wait for them to come back again at me?


 


Do you think they can find a way to either fire me or make my life miserable during these last 2 months before mat. leave?


And finally, when I come back from mat. leave, I'm pretty sure they will try to get rid of me. Do you think I can still use this to fight back?


Thank you very much.

Expert:  Legal Ease replied 1 year ago.
Why not say that you are not going to permit any documents to be redone.

You are content to have the record indicate that the matter has been resolved but you will not alter the documents which must be a permanent record of the complaint.
Customer: replied 1 year ago.

Hello,


HR came back and are asking me to acknowledge at least as an additional comment in my assessment that the matter has been handled and resolved and that I am okay with the closure. They want me to submit my draft to them before modifying my file in the system. They said otherwise, there is still a loop and in that case, an official discrimination complain will have to be launched with a formal investigation.


 


Before this incident, my working relationship with my manager was not great. Even though I had only positive feedbacks from all my business contacts so far and I delivered only very good results, he reported me to HR complaining about my "disrespectful attitude" toward him.


Since the resolution of my unfair treatment by the HR, he has limited our working relationship and I feel pushed aside. HR told me this can be considered in the case of an official investigation.


 


What is the best course of action for me now if I want to come back and get my job after my maternity leave? Should I just accept the HR's proposition to acknowledge the resolution of the issue or should I go for a formal escalation of this issue and an official discrimination complain?


 


Thank you


 

Expert:  Legal Ease replied 1 year ago.
I honestly can't tell you.

I don't know what's best as I don't know the players or what would be best for you.

Maybe what you should be doing is consulting with an employment lawyer face to face briefly right away.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or XXX-XXX-XXXX (within the GTA)

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