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I am a senior executive in Ontario and recently received a first and final written warning after an HR investigation arising largely from discussions about my divorce in the workplace.
My concern is the apparent inconsistency in standards. The same senior leaders who investigated and disciplined me have openly engaged in sexual conversations in the workplace, including in the presence of external industry leaders. I was also accused of misusing AI, despite having confirmed that my use complied with company policy. My line manager added the AI allegation after the investigation had commenced and then acted as the final decision-maker, ultimately finding that his own allegation to have merit - despite clear evidence he was incorrect.
The timing is particularly concerning because the company is entering a significant transaction cycle, and a termination for cause would allow it to avoid paying substantial share-based compensation that applies to only a small group of senior executives.
I genuinely enjoy my role and would prefer to preserve my employment if possible. However, I am unsure whether my priority should be to challenge the first and final warning (including the investigation process and findings) with the assistance of counsel, or whether I should instead seek to negotiate an exit package.
I am also wondering whether the apparent inconsistency in what is considered acceptable workplace conversation—particularly where discussions by male leaders about sexual topics were tolerated while my discussions about my divorce were disciplined—could give rise to discrimination or other human rights concerns under Ontario law.
Sorry to hear about the situation you are facing. Unfortunately, this type of inconsistent application of policies, standards, and discipline is something that can often occur to anyone who is considered “other” in a particular industry.
You are correct. It is highly likely that the actions taken are discriminatory in some manner, and this has a good chance of being a bad faith investigation to justify a cost saving measure.
However, you do not need to determine your priorities right now. The next steps would be the same for any options. Seek legal advice about your situation. A lawyer will be able to go over both options you have set out (as well as any others you may not have considered) and set out a plan of action.
We can help you with this. Don’t sign anything or take any steps. Contact us, and a member of our intake team will reach out to guide you through the next steps.
You are correct. It is highly likely that the actions taken are discriminatory in some manner, and this has a good chance of being a bad faith investigation to justify a cost saving measure.
However, you do not need to determine your priorities right now. The next steps would be the same for any options. Seek legal advice about your situation. A lawyer will be able to go over both options you have set out (as well as any others you may not have considered) and set out a plan of action.
We can help you with this. Don’t sign anything or take any steps. Contact us, and a member of our intake team will reach out to guide you through the next steps.