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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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to whom this my cocern: was recently employed be a trucking

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To Whom This My Cocern: was recently employed be a Trucking Company in 2008,which i was Empolyed there for nearly five year's which now ive become ill from being with this Company,it all started in Aug of 2011 with my Safety Mannnager laying me off do to unknown reason's, is there any way we can staigthen this out? because it leave's me without.. and now i'm not sure which way to turn.

Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Are you in a union?
Customer: replied 10 months ago.

Thank's Debra.


 


not in a union!.

Expert:  Legal Ease replied 10 months ago.
Is the employer willing to try and accommodate your special needs that arise from your health issues?
Customer: replied 10 months ago.

no,my employer is taking no action in trying to help me out at all, does he


have the right to want to talk to my doctor, not sure if that what employer's


really do in cases like this, but the employer just wanted to know what was going on with me! he got kinda sarcastic when we was talking in the office


of the day in question,did'nt think they took that root,but he did,he was telling


me! and i qoute'' does'nt what you do or throw at me you will not win" i quote'' so i'm thinking he meant legal action on his part,point is he was tell


me did'nt matter what legal way that i went,just was'nt going to win with them.

Expert:  Legal Ease replied 10 months ago.
Has the employer received a letter or some report from the doctor?
Customer: replied 10 months ago.

there was report's from the doctor in the pass,this have been going on for


some time now off and on,even went to see a speacilist,and he put me off for a mouth,then i went back again after that,which maybe i sould'nt have even


been aloud back in the truck at that time, i'm thinking there covering up


something here,which i can't figure out,the point is i soulld be getting


something out of all this becauce it was job related; and now that i'm


sick and still taking the pill's for my sickness! they paid out full benfit's


out to me from this company" now that i'm sick they don't want to pay out.

Expert:  Legal Ease replied 10 months ago.
The law is that if the employer knows you have a disability and we've established that the employer does, not only is it unlawful for the employer to treat you unfairly because of this disability (that a clear case of discrimination) but the law goes further.

It is also discrimination if the employer does not take all reasonable steps to accommodate your disability. The only valid reason for an employer not to accommodate your disability would be if the employer can show that this accommodation would cause undue hardship.

So it sounds to me that the employer is guilty of discrimination on the basis of disability.

And for this reason I suggest that you take two steps.

First, I suggest that you contact the Human Rights Commission, speak to someone there and find out if they believe you have reasons to file a complaint.

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

http://humanrights.gov.ns.ca/contact-us

Then, I also suggest you consult with an employment lawyer face to face or over the telephone.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

455.3135 (HRM) or 1.800.665.9779

Does that help?
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85406
Experience: Lawyer
Legal Ease and 3 other Canada Law Specialists are ready to help you

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