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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99976
Experience:  Lawyer
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Daniel, I was dismissed this morning from job of eight

Customer Question

Hello Daniel,
I was dismissed this morning from job of eight months after being injured by a 200 lbs elevator deck falling on my right shoulder i filled a late WCB Cliam and now being checked for my injury. My employer put me on modified and my WCB case worker is was going to look at my work place. I've been off for about two weeks all total with doctor note stress related issues.
Moreover i've been tearised by my go workers and was told you don't claim for WCB at this company.
if you can help me, please send me a email at***@******.***
Regards
Victor
Submitted: 2 years ago.
Category: Canada Law
Expert:  Daniel Freudman replied 2 years ago.
What did your employer say in terms of the reason for which they're dismissing you?
Customer: replied 2 years ago.
without cause. they provided the legal one week severance pay they are required to do by alberta law. can they fire someone when they are on an active wcb claim.
Expert:  Daniel Freudman replied 2 years ago.
Sorry, I just realized this pertains to Alberta, I will opt out so another expert can assist.
Expert:  Debra replied 2 years ago.
The law is that you can be dismissed while on sick leave or under a WCB claim but you cannot be dismissed because of the claim or leave. That would be unlawful and discrimination. As well, the employer has a duty to provide you with reasonable accommodations unless doing so would cause the employer to undergo undue hardship. If the employer fails to accommodate you then this is a case of discrimination on the basis of disability and you can file a complaint with the Human Rights Commission. So it sounds like you should be speaking to the Human Rights Commission this week about filing a claim and also you should contact Employment Standards as it looks like you were dismissed for putting in a WCB claim which is clearly unlawful. Then before deciding how to proceed you should have a face to face consultation with an employment lawyer. 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-***-***-**** or***-***-**** in Calgary
Customer: replied 2 years ago.
there were may harassment issues in the work place. I am gay and there was inuendo and derogatory statements all of the time. Will I receive payment from WCB or will this stop because I have been terminated.
Expert:  Debra replied 2 years ago.
You should still receive WCB. Than add this discrimination to your complaint or lawsuit.
Customer: replied 2 years ago.
I also received letters from my doctor for all of my work absences. Should I be paid for my time missed due to pain?
Expert:  Debra replied 2 years ago.
WCB should be compensating you for this.
Customer: replied 2 years ago.
As I thought.
Expert:  Debra replied 2 years ago.
Yes you understand the law I think so you now have to take steps to enforce your rights.
Customer: replied 2 years ago.
WCB now wants me to participate in a meeting with my x employer on Friday. I was terminated and I don't understand why they want this to happen. They are also recommending a cortizone shot in my shoulder tomorrow. I was told if I don't take the shot and go to this meeting they will not pay me. I am not thrilled about cortisone and am wondering if they can hold me hostage and not pay me if I refuse to put that substance in my body. This process is very adversarial and does not give me the right to chose for my body and my mind.
Expert:  Debra replied 2 years ago.
I suggest that you immediately either consult with an employment lawyer in your city face to face, or else contact the office of the appeals adviser. 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-***-***-**** or***-***-**** in Calgary Here is a link to the contact information you will need for the appeals adviser:http://www.wcb.ab.ca/public/contact.asp?panel=cp_appeals_adv

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