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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85259
Experience:  Lawyer
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I was working on an oil and gas project in northern alta. I

Customer Question

I was working on an oil and gas project in northern alta. I am on a 20 mg per day cipralex perscription. The side can be excessive yawning dizziness and fatigue. Although this does not happen very often to me on Aug 26 13 at about 3:30 pm I felt a little dizzy. As we were waiting for a piece of equipment to assist us in our task I sat down on a chair that happened to be nearby. I am have closed my eyes for a few seconds to shake the dizziness but I am not sure. One of the supervisors for the company we were contracted saw me and I was fired the next day for sleeping on the job. The company I was directly employed by was given no chance to intervene and nobody checked me to see if I was having a problem. On my orientation for the prime contractor I listed all the meds I was on. I passed a drug and alcohol test prior to my hiring. What recourse do I have?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Were you dismissed by the company you work for as well?

Are you in a union?
Customer: replied 10 months ago.

I am not a union member. My company did not dismiss me but were directed to do so by the company they were subbing from. There was no opportunity to give my side of the story to anyone. The company was informed about my termination on a few minutes before I was.

Expert:  Legal Ease replied 10 months ago.
So then did your company dismiss you as well?

Did anyone at the main company know about the medication?
Customer: replied 10 months ago.

my company had no choice but to dismiss me as they were on contract and have no other work. The main company requested a list of my meds during orientation and I provided them with it

Expert:  Legal Ease replied 10 months ago.
Did they know why you need medications?
Customer: replied 10 months ago.

they did not ask why i needed the meds

Expert:  Legal Ease replied 10 months ago.
The law is that an employer must accommodate someone who has a disability unless it's not possible to accommodate the employee without undergoing undue hardship.

When you provided the company with a list of medications this should have been noted.

And when you were essentially exhibiting side effects from a medication they employer had been informed you were in the employer should have at least taken steps to inquire about what was going on and why and in particular when you or the direct employer was trying to tell them, they had an obligation to hear what you were saying.

So it is quite likely the case that you will be successful if you file a complaint with the Human Rights Commission because failure to accommodate a disability is a form of discrimination in the workplace.

Here is a link to the contact information you will need:

http://www.albertahumanrights.ab.ca/about/contact.asp

Let me know if you need any further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85259
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 10 months ago.

Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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