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AI Legalese Decoder can provide assistance in this situation by analyzing the relevant employment laws and regulations in Ontario, Canada. It can help clarify your rights and obligations as an employee, particularly in the context of remote work and maternity leave. Additionally, it can help you understand the potential implications of the letter provided by your employer and whether it constitutes a termination of employment or a resignation. Furthermore, AI Legalese Decoder can help you navigate the process of negotiating with your employer regarding potential alternative roles or maintaining your current salary after your maternity leave. By providing clarity on the legal framework surrounding your situation, AI Legalese Decoder can empower you to make informed decisions and advocate for your rights as an employee.

Original:
Title: Employment and Remote Work Situation, Need Advice Regarding Maternity Leave

Sorry if this is a little long, want to provide full context. So, I’ve worked for this relatively small, but very profitable, company for almost a decade (in Ontario). I originally lived in the same city as the company and we worked in the office every day. During the pandemic we went fully remote and it did not have a negative affect on my ability to do my job (my role was very independent from what my coworkers do, and didn’t require anything physical at the office). As we started talking about returning to the office 3 days a week, my husband and I decided we wanted to move back to our home town (about a 6 hour drive away). My bosses agreed to me moving and continuing to be fully remote, since I’m a valuable employee. So we moved and I made an effort to travel to the office for a few days, about every 6-8 weeks.

A few months after moving they asked me to take a promotion that would basically have me running the company so that they could semi-retire. I expressed concerns that my co-workers may not want to be managed by someone remotely, but they were not worried about it, so we went ahead with transitioning. It took them 9 months to replace my previous role, so for that time I was doing multiple roles and kept expressing to them that I felt I wasn’t doing either to my best ability. Finally once my replacement was trained I was starting to do my proper role, but they started expressing that I wasn’t travelling there as often as they hoped and they wanted me to move back, and that they didn’t think it was working remotely (not considering that I had been overworked for that time period). I said my husband and I were considering moving back, but it was not a guarantee and would not happen for at least a year, maybe more. They said they would wait it out.

Then, after just a couple months of finally doing my new role properly, I find out I’m pregnant. They’ve made the decision not to replace me, even though I’ll be gone for 12-18 months. They said they may eventually, but aren’t right now.

So here’s where I need the advice. They recently provided me with a letter that said that if I haven’t moved back by the end of my maternity leave, that I’ve “resigned” from my position. I believe they can technically decide that my role can’t be remote anymore, but it would mean they’re terminating my employment right? They can’t decide that I’m resigning? They keep insisting that if I don’t move than it’s me making the choice, but not moving my family 6 hours away to an area with a higher cost of living does not mean I’m consenting to being unemployed. I feel like they would need to give me my severance, they can’t just decide that I’m quitting when it’s them deciding my role can’t be remote anymore. They’ve also said if I had stayed in my original role they would have been fine with that being remote, it’s just this leadership role that they want in the office. But they won’t just fire my coworker so that I can have my old job back, and I wouldn’t want them to anyway. They said if another role exists for me they will give me that opportunity, but they don’t seem willing to guarantee that to me or guarantee it would for the same salary. But they have to provide me with work after my leave for the same salary if my original role is no longer available, right? So I’m just really frustrated and worried that I won’t have a job waiting for me after my maternity leave, because it’s very unlikely that we’ll be moving back there.

AI Legalese Decoder can provide assistance in this situation by analyzing the relevant employment laws and regulations in Ontario, Canada. It can help clarify your rights and obligations as an employee, particularly in the context of remote work and maternity leave. Additionally, it can help you understand the potential implications of the letter provided by your employer and whether it constitutes a termination of employment or a resignation. Furthermore, AI Legalese Decoder can help you navigate the process of negotiating with your employer regarding potential alternative roles or maintaining your current salary after your maternity leave. By providing clarity on the legal framework surrounding your situation, AI Legalese Decoder can empower you to make informed decisions and advocate for your rights as an employee.

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