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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I would prefer to keep my name anonymous. I am employed with

Customer Question

Customer: I would prefer to keep my name anonymous for now. I am employed with the Company Avon Canada, but on long term disability and feel that there are many reasons that working for them have brought me to the reason I am off on stress leave. I'm curious to know if I would have a case to actually sue them and what would happen if I did. Would I loose the long term disability benefit I'm collecting to support my family.
JA: Thanks. Can you give me any more details about your issue?
Customer: this is the second time I have gone on a medical leave with them for stress related reasons. The job when hired was written as a 40 hour a week job. The head office is in Montreal, but we work from our own home office. The district manager at the time said just so you know, it says 40 hours here, but it is more like 50. I said ok, I understand. Our paychecks say something less than that...we are on salary...so no overtime. We are expected to hit KPI's (Key performance indicators) and if you are not on target, you can get written up, or not earn incentives, and we are told verbally that you are expected to try and achieve every incentive, it's not an option. Nothing is written in paper, but verbally told. Anyway. When I went on my first leave, it was because my work hours were getting between 60-80 hours a week and I have a family and they were young. My travel time into the area I was working was an hour to an hour and a half. There was an open district in the area I lived, but the manager wouldn't accommodate me and change my district. She only switched this once she needed another manager to take on the district I was in who refused to travel to the area I lived in. Going back to when I was off on leave the first time....We work our of our house. I had a direct line for my "office". I asked to have it disconnected. The division manager would not allow the request right away. It wasn't until I had the Avon medical nurse get involved a number of months later. I have this in an email to back it up. The Div manager at the time said she "never" said she would allow that. I have the assistant in the Montreal office repeating what was actually said about the line. This is just the 'first time I was off" The second time, or Now...when I went back to work for 6 month, a whole lot of stress happened. I can list it all out for you if you wish
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: sure
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
When I was back to work from being off on stress leave, they did not return me to my original district. Instead, they changed my district to a 'virtual one'. They had hired a permanent manager for the district I had been in as they were not anticipating me to return. So basically they didn't hold my job. The first 6 weeks were awful. They were unable to get me a proper password ***** code to log into the system, when I would call into head office they couldn't id me as a manager, I had no access to my HR site. I have emails to follow all of this as well. At about 2 months, they merged the district I was finally having success in with another district (All this time by the way I had to learn how to do the job differently because it was all by phone now, not by being out in the field, so a totally new learning curve) So they changed my district to another Virtual district, Calgary Alberta this time. This was again a new curve as I went there once, but then was told shortly into being in the district that I would be again, making a change to a permanent district in Vancouver. So three districts in 6 months. All this whole time still not having access to my HR site. Had a review and not able to see what was written on my site because they had to fill out my consent on it which I feel is so wrong. I had to deal with the other managers car damage and fix that because she was untruthful about it which took time out of my job. Then I found and reported fraud in the 3 district, it was verbally recognized that I did in deed find fraud, but they never let the manager go. Even though we sign an ethics agreement. The manager from that district that I took over had moved to Toronto to be a manager there, but had kept in touch with other managers here and some of the representatives in the Vancouver district I was looking after and it felt like she was checking in on me to see if I found anything. I felt constantly under pressure and watched as I would get calls saying that She had called and asked them to forward me a hello.
I am just wondering if all of this makes sense and if the stress of it all would make for a lawsuit against them for stress, anxiety and depression.
I have emails, paper reports on where I found the fraud, a notice saying I was being transferred to a new district it should have said 'Vancouver' But it says Burnaby which is actually my "proper home district" that I should have been in all along. So many things and stresses...so many wrongs...
Expert:  Legal Ease replied 1 year ago.

What is your actual question?

Customer: replied 1 year ago.
I'm curious to know if I would have a case to actually sue them and what would happen if I did. Would I loose the long term disability benefit I'm collecting to support my family.
Expert:  Legal Ease replied 1 year ago.

Are you saying you are on LTD because you are unemployable because their treatment essentially made you sick?

Expert:  Legal Ease replied 1 year ago.

I still haven't heard back from you. I cannot answer in a meaningful way until I hear your answer to my information request and then after that I have quite a lot to say.