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So, I am mom of two children. 1 with autism
& 11months old. I am currently on mat leave and about to resume to work on July 30th,2018. I live in Mississauga, On amd work in the same city. I have contacted my boss and HR about my return to work. I mentioned in the letter that I intend to go back to my position and same work schedule to accomodate my responsibilities to my kids and family and so I can get home in time in the afternoon as I need to pay for my caregiver. I can only afford 8hrs a day. I did not get a reply in 24 hrs so I sent a follow up email to the HR should there be any further action needed on my part. She replied and said. She is in receipt of my email and there will be no more further action needed from me. The management team is preparing for my return. Then 2 days after, my boss called me up requesting for me to report today in the office to meet with the HR and myself. I was told that there was some kind of restructuring happened in the business unit while i was on leave and that my position is no longer available. Hence, they are obliged to give
me something comparable to my current position. They do not have anything to offer at the moment but a position similar to mine located in Downtown Toronto. Where I need to take a Go bus and a subway. It is 76km drive from home.
With this I feel like it I was not accomodated considering they are aware of my circumstances being a mom of new baby and a disabled son. I feel like I am beng forced to resign as their not realistically works for me. They also mentioned that “we have an obligation to give me something for my return so this is our offer and it is up to you to accept it or not”. And they are not obligated to pay me severance pay etc etc.
Under the Human Right Code of Ontario I believe that if an employee has a need for accomodation, a company should provide. But in this case what they are giving me that is forcing me to resign. I have limited financial resources. I cannot afford the commute to Downtown Toronto taking both a Go bud and a subway. Plus since it is 1.5 to 2 hours commute that also means additional hours for the caregiver for my kids. For a mom like under this circumstances. I would be paying more for the caregiver service which barely afford already plus additonal
Expenses in transportation. It is like earning a $2.5k a month and I would be paying or will expense for $3k. Does not make sense? I am being forced to resign.
Can you please atty advise. Thanks
Do not resign and please give us a call to speak with one of our lawyers. We will review the case in detail, help you to make a decision, and represent you in the dispute with the employer should you decide to hire us.