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I am on disabilty - broken arm requiring surgery and pins,

Customer Question

was ready to go back...

I am on disabilty - broken arm requiring surgery and pins, was ready to go back to work next week but received a phone call saying that I am laid off. Can they lay me off while I am on disability?

Submitted: 14 years ago.Category: Canada Law

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10/10/2008

Lawyer: Debra, Lawyer replied 14 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 146,242

Experience: Lawyer

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What province are you in? How long have you worked there? What have the offered you by way of notice?

Customer reply replied 14 years ago

Ontario. Worked there for 3 1/2 months when the accident happened. Took drs note in to say i will be able to return on Oct 13th. Rec'd phone call from boss on Oct 6th, layoff is effective today, Oct 10th. He said that i am not the only one to be laid off, but so far it has been just me. I have asked when my benefits will be in effect until, but no reply yet. I need to start physiotherapy on Tues. 14th.

thank-you!

lori

Lawyer: Debra, Lawyer replied 14 years ago

If it's true that other people are being laid off then there's not much you can do about it. An employer can lay off whomever they want, usually, so long as they provide proper notice.

But, there are certain circumstances where an employer is prohibited from laying off an employee. One well known case is where the employee files a complaint under the Employment Standards Act. And, another such example is that an employer cannot lay someone off because a personal emergency leave.

So, if it turns out that you are right and it's only you that has been laid off this is an illegal lay off.

What you can do is call the Employment Standards Information Centre at(NNN) NNN-NNNNand seek their advice and assistance. They will let you know if it's worthwhile filing a complaint and how to do it.

I hope you can get this resolved.

Please click accept so that I can receive credit for providing you with this information.

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