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Answered in 2 minutes by:
2/8/2013
VerifiedThank you for your question.
Before I begin I want to explain a bit about how the site works.
It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.
As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.
What reason are they giving you for saying that the cannot give you a position anymore?
Before I begin I want to explain a bit about how the site works.
It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.
As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.
What reason are they giving you for saying that the cannot give you a position anymore?
I am concerned about that as well. So I will explain the law but I do think you should be consulting with an employment lawyer this coming week.
Your employer owes you a duty of accommodation. The way this works is that your employer is required by the Human Rights Code to reasonably accommodate your disability so long as doing so does not cause your employer to undergo undue hardship.
So it's not sufficient for the employer to simply say there is no job. Your employer has to try and find a position for you if possible.
And citing your age sounds like they could be acting in a discriminatory manner about your age.
Failure to provide for reasonable accommodations is also discrimination on the basis of disability in the workplace.
So you may very well have a case of wrongful dismissal and/or discrimination.
For there reasons I suggest you consult with an employment lawyer just as soon as you can.
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:
1-800-661-1095 or
403-228-1722 in Calgary
Let me know if you need further clarification.
Your employer owes you a duty of accommodation. The way this works is that your employer is required by the Human Rights Code to reasonably accommodate your disability so long as doing so does not cause your employer to undergo undue hardship.
So it's not sufficient for the employer to simply say there is no job. Your employer has to try and find a position for you if possible.
And citing your age sounds like they could be acting in a discriminatory manner about your age.
Failure to provide for reasonable accommodations is also discrimination on the basis of disability in the workplace.
So you may very well have a case of wrongful dismissal and/or discrimination.
For there reasons I suggest you consult with an employment lawyer just as soon as you can.
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:
1-800-661-1095 or
403-228-1722 in Calgary
Let me know if you need further clarification.
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