It was clear that Bernice’s fellow legal assistants at her new job at a law office were not happy with her performance. She made mistakes and court filings were missed. After just over three months of employment, she was terminated.
It’s a simple story. Bernice should receive a small severance and be on her way. That would have been the end of the story but for some very serious mistakes this law office made.
First, when the prospective employer learned Bernice was a single mother at the interview, it made inquiries about who took care of her child during the day. Never go there. What someone does with their child during the day is not the employer’s business. Displaying too much interest in child care arrangements can indicate a resistance to family obligations. Family status is a protected ground pursuant to the Ontario Human Rights Code.
The second mistake the law firm made was never having a serious talk with Bernice about its dissatisfaction with her performance. Failure to have that talk would not usually be an issue. When someone is not unionized, they can be terminated without notice and without a reason. The problem was that at the three-month mark, Bernice went into the hospital as a result of an ovarian cyst, and while she was still at home recovering, she was terminated. It is hardly ever advisable to terminate somebody while they are off sick. There are exceptions, but they are rare. An example is when an entire department has been closed down and the...
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