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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I work doctors office. I called in sick on a monday last

Customer Question

I work for a doctors office. I called in sick on a monday last year for I day and my supervisor saw a picture of me on facebook on the sat of the weekend before and sent it to all the doctors saying that " she doesnt look that sick to me."
I was mexico in march 2016 and got sick near the end of my vacation. I went to the doctor there and he gave me a sick note to not fly for 3 days. I called the same supervisor and let her know. Her response to me was "wellplayed". I returned to work and she keep asking me for my plane tickets, flight changes and hotel reservations and changes. There is nothing in our union agreement that says I have to supply any of this. My union is not helping me and its still going on. Can a labour lawyer do something.
Submitted: 5 months ago.
Category: Canada Law
Expert:  Legal Ease replied 5 months ago.
What reason is the union providing for saying they cannot help you? Are you saying you extended your stay in Mexico because you were sick but your supervisor does not believe you?
Customer: replied 5 months ago.
The union is saying give them what they want if you have nothing to hide.
Yes, they dont believe that i was sick.
Expert:  Legal Ease replied 5 months ago.
So why won't you provide this information?It really doesn't make sense not to do so if you are telling the truth and while there would not be a thing in your collective agreement requiring you to provide flight information etc there is a provision that will talk about sick days and you would most likely have to prove you are sick.As well, the fact that they saw this fb post makes their request reasonable. So I agree with the union and you should provide it. If you don't and your are dismissed and the union won't assist you then you can consider filing a complaint of unfair representation against the union but you cannot sue your employer on your own. And given these facts it is not clear that you would succeed against the union I am not sure what you are hoping the lawyer would do for you but a labour lawyer can only assist you in going after the union and not the employer. And I cannot see any sense in paying legal fees instead of just providing this information. Do you see what I mean?
Customer: replied 5 months ago.
Ive already supplied the information and they keep asking for more. This is harassment. According to our agreement as long as i supply a doctors note they have no right to do this
Expert:  Legal Ease replied 5 months ago.
So then tell the union that you have already provided everything and that no matter what you say or do you are being told that it is not enough and that you believe this is a personal vendetta because the supervisor was angry when she saw the photos you posted on facebook, and that you have complied with all of your obligations pursuant to the collective agreement. Tell them that you are looking to them to represent you fairly, as this is their obligation and because you need to rely on them because you cannot deal with the employer on your own. Once they hear this they will become worried because they will now know that you understand the law and will most likely start to take this seriously.
Customer: replied 5 months ago.
Ok thanks.
Expert:  Legal Ease replied 5 months ago.
You are very welcome. I hope this works out. If we are done please be sure to rate me before you leave the site so that I can receive credit for my work.

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