[AB] Husband laid off after parental leave request
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We spoke to an employment lawyer but we are looking for second opinion before we pay anyone else. Please no hurtful comment. We are already pretty down.
My husband and I are expecting our first baby anytime now but on the last day of work before my maternity leave which was two weeks ago, he got laid off from his job.
The company was going through a legitimate restructuring that required to lay off 2 workers. (Their new contract with their client requires 2 less positions) Obviously he talked to his boss about the leave before he requested parental leave at the beginning of April. I guess the company nor did my husband knew layoffs were on the way.
He was quite upset because his company follow quite straightforward and rigid layoff process when determining which team members get let go (bigger layoffs happened at the beginning of April the day before he requested the leave, and he made the cut. All the people laid off were at the bottom of the ranking plus one person who has been written up in the past) and my husband has always been top 5, had perfect attendance, and pretty good seniority, too. Always doing extra work, and even got a team leader training for the future. He talked to his team leader as well as HR for the reasons for selecting him (I know they don't have to disclose and just terminate you without cause), and both said he didn't do anything wrong and that he had always been great. They went through company protocols for multiple factors, even brought it to the director because they couldn't decide, and my husband was one of the two to be laid off. The other guy had the second worst ranking.
He wonders if he hadn't requested the leave, he would have probably not picked to be laid off. The new training dates conveniently fall during the time he would be away, and they probably thought it's easy to just let him go.
Here we are, supposed to be super excited for this baby to arrive, but now for the past two weeks we have been stressed trying to figure everything out. I know we will be ok. We are trying to think it's the universe's way of telling us to spend time together. But it just sucks so much that it happens to a dad-to-be who put his family first, and taking the financial burden to go on parental leave, only to lose his job in the end.
So much for Canada's parental leave entitlement. No wonder no dads around us take parental leave. Maybe we should have clued in, too.
Anyway, thank you for reading this post. Even though the lawyer told us that employer can lay you off for whatever reason, I thought the parental leave was protected grounds. If anyone has insights into how this relates to human rights, or how hard to prove it, please let me know.