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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My doctor has told my employer that I can't do modified

Customer Question

My doctor has told my employer that I can't do modified duties or my regular work do to my back injury. My employer is telling me that I have to go against my doctors orders and return to work. Can they do that. Further more my company is self insured with our benefits and they have denied my claim which they always claim they don't have sufficient information. Their so called doctors have said that as well.
Submitted: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months ago.

I am sorry to hear that.

Are you in a union?

Has your doctor provided the employer with a report with a list of requirements that the employer needs to meet in terms of accommodating your disability?

Customer: replied 11 months ago.
I have a union. Due to the fact that my right leg gets numb and I lose motion in it he doesn't want me at work and he has told my employer this. Furthermore with the medication that I'm taking for pain it causes dizziness and sleepy. The insurance company told me to convince my doctor for me to do modified duties and if I didn't comply they would cut my benifits. Which they did
Expert:  Legal Ease replied 11 months ago.

What is the union during for you?

Customer: replied 11 months ago.
The company is ending on Dec 31 2015. Basically the union stalls and they are not to interested in fighting for me. Have done a grievance which I lost and now they say will see what our lawyers say. They even said that I might lose my severance package
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
What should I do
Expert:  Legal Ease replied 11 months ago.

Are you saying that if you can stick this out to the 31st issue is over?

Customer: replied 11 months ago.
You have not given me absolutely no legal advice. Going to notify paypal to get my money back this is a fraud site. All you keep doing is asking me questions instead of responding mine
Expert:  Legal Ease replied 11 months ago.

You're certainly correct. All I have been found so far is asking questions. That is because I'm a senior practicing lawyer and will never provide an answer until I have all of the proper information. You have not yet provided that.your post is simply not complete and you have not answered my information requests which are requesting vital information.

As well, there's no need to be this hostile and aggressive. I don't work for the site because as I just said I'm a practicing lawyer but I can assure you that the site tells you that you can have a full refund any time. To threaten to speak to PayPal is a waste of your time and that of the site's.

I am now going to opt out because I will not work with people who are this hostile. When you're hoping that someone will help you is really not advisable to treat them this way.

Customer: replied 11 months ago.
I don't think I was hostile and if you think I was I apologize. But you never provided me with answers just questions. With regards ***** ***** requests never received them
Expert:  Legal Ease replied 11 months ago.

The questions I provided you are information requests. There is no charge for them nor are there charges for follow-up questions after I give you a complete answer but your facts are not clear enough and your situation is very complex from a legal point of view as I'm sure you know.

For me to provide you with a meaningful answer which is the type of answer you will need have to fully understand the situation. If you wish to go ahead and given that you did not understand this I will opt back in so now please go back and read my last question and answer it.

Customer: replied 11 months ago.
Don't understand what your asking me in the question.
Expert:  Legal Ease replied 11 months ago.

You said that the business was closing at the end of 2015 and that is why the union did not want to get involved. You are saying that you are even worried that you are going to lose your termination pay. Are you saying that all the employer wants you to do is to work until the end of this month and you were saying that you aren't able to do that? I am not saying that you should work until the end of this month but I'm just trying to figure out why the union does not want to help you.

Customer: replied 11 months ago.
No the union basically doesn't want to do it because it would costs to much money for them to fight my case. Whoever is still working gets there severence but because I'm on disabilty insurance the company is threatening not to pay my servance and they want to me to go against my doctors orders because there insurance said there wasn't enough information to backup my injury.
Expert:  Legal Ease replied 11 months ago.

But are you only talking about what's going to happen in the two and half weeks?

Customer: replied 11 months ago.
Expert:  Legal Ease replied 11 months ago.

That is why the union doesn't want to help.

They could likely fight this and get you a position that accommodates all the requirements provided by your doctor so long as the doctor provides a full report but that will not happen before the end of this year. It cannot and then the job is no longer available.

So it seems that the best approach in my view is for you to do what it takes to make sure you get that severance package.

Then, once you do get the package you can consider filing a complaint with the Human Rights Commission so long as you don't have to sign a release to get the package.

This is a case of discrimination because the employer owes you a duty of reasonable accommodations so long as these accommodations will not cause your employer to undergo undue hardship.

And they can end up having to pay you damages and this goes beyond termination pay.

Our society will not tolerate someone with a disability not being treated fairly even if you get your termination pay.

Does that help?

Expert:  Legal Ease replied 11 months ago.

Let me know if you need more information.

Customer: replied 11 months ago.
Well actually I have to sign a release to get my severance which I've been told I have to for fit all my benefits and anything to do with the company and I can't go after them for anything including the money they owe me for short term disabilty
Expert:  Legal Ease replied 11 months ago.

That may not include a complaint to the Human Rights Commission. It will depend on the wording.

Customer: replied 11 months ago.
It also says can't go against the company on any grounds including legal issues
Expert:  Legal Ease replied 11 months ago.

But that's not the exact wording. If you do have a copy of the release why don't you take it to a lawyer and have a face-to-face consultation briefly with someone who can review it?

In most provinces through the province's lawyer referral service you can have a half-hour consultation at a nominal cost.

Customer: replied 11 months ago.
They won't give me the release unless I sign it first
Expert:  Legal Ease replied 11 months ago.

Tell the union to get you a copy and say you need to get advice before signing.

Customer: replied 11 months ago.
They have said that we can't get a third party involved was the agreement between union and company
Expert:  Legal Ease replied 11 months ago.

You would not be getting the lawyer involved. You would just privately get some independent legal advice.

Customer: replied 11 months ago.
See that's the thing how to I get the release if they won't give to me unless I sign it. Guys have signed there release but then we're able to read what they signed
Expert:  Legal Ease replied 11 months ago.

You should ask any of them if they have a copy.

If you are forced to sign a release that you aren't allowed to read first and that you cannot seek advice about it may not even be binding court.

Customer: replied 11 months ago.
Can I sign it under deress at the bottom of my signature
Expert:  Legal Ease replied 11 months ago.

There is no way they will allow that unfortunately.

Customer: replied 11 months ago.
Is it not against the law to not let someone read a document before signing it. Are they allowed to do that
Expert:  Legal Ease replied 11 months ago.

It's not illegal but it will give you excellent grounds for having the court set aside that agreement if they try to say you are bound by it.

Customer: replied 11 months ago.
Even if it states that we can't go after the company after it is signed
Customer: replied 11 months ago.
in regards ***** ***** doctor. The sent him what I'm able to do and he basically told them that due to my injury I wasn't able to do any of the tasks they asked for at least 8 weeks and he would evaluate me again. With this said can they force me to go back to work because the insurance company found it wasn't enough evidence.
Expert:  Legal Ease replied 11 months ago.

No one can force you to go back to work but your union is not backing you and there are only three weeks or really 2 1/2 weeks left.

I cannot provide you with advice but if I were you I would go to work but not do a think that hurts you but be there each day to preserve your severance package and I would see a lawyer as soon as possible without telling anyone about it.

Customer: replied 11 months ago.
Spoke to my doctor and he won't give me the clearance to return. Now with that said can the company still discriminate me and can they go against my specialist orders
Expert:  Legal Ease replied 11 months ago.

Now we are just back where we started from yesterday. You cannot compel your employer to do the right thing. The union can try to do that through a grievance. The union will not do this. The reason why they won't is that the business is closing in three weeks. So no matter what the law is in terms of discrimination your employer is not going to give you what you want unless you file a complaint or sue.

We've already been over all of this and you're back to the whole issue of the release the fact that the union will represent you etc.

Do you see what I mean? If you don't go back to work for the next two weeks you may lose your termination package.

Customer: replied 11 months ago.
I see what you mean. Well I took your advice and I seeked legal council labour lawyer. He said I have a great case of harassment and they can't hold back my severance that would be discrimination. So I'm going to pursue legally and file a complaint with the human rights tribunal. Easier to explain to someone by voice than by writing lol
Expert:  Legal Ease replied 11 months ago.

I am glad you know which direction to go.

Please be well.

If you can rate me now that would be great.

Customer: replied 11 months ago.
Hopefully I have chosen the right direction but like they say it's better to have council then to represent yourself. Thank you so much you have helped me alot sorry again we started off bad but ended great take care. I will definitely rate you.
Expert:  Legal Ease replied 11 months ago.

Thanks!

Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Legal Ease replied 11 months ago.

I'm not able to speak to you on the phone because the rules of my Law Society prohibit me from speaking to you because you are not my client.

Also, you actually never rated me. Please rate me now as I helped you for such a long time and hadn't been paid yet.

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