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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100050
Experience:  Lawyer
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I am a disabled person fired by a Co. In Ontario. They red a

Customer Question

I am a disabled person fired by a Co. In Ontario. They hired a normal person. Can I take legal action against the Co. This happened in end October 2014. I am also looking into possibility of getting permanent disability from the Insurance I was entitled at that time.
Thank you.
Roland ( Tel :(###) ###-####
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I have a few questions.

Did they dismiss you because of your disability in your view?

If you believe you're entitled to permanent disability are you saying that you were unemployable and they dismissed it because you are not employable?

Did you ask for accommodations and they refused to provide even though they could?

How long did you work for them for?

Customer: replied 1 year ago.
I think they fired me because of my disability. I did not request permanent disability at that time, can I request it now? I worked fot them for 3 years. I am employable and they fired me saying I am slow. They fired me on October 31, 2014.
Expert:  Debra replied 1 year ago.

It does not make legal sense to both claim that you need permanent disability benefits because you are unemployable and also to claim that you were dismissed because you could work but they just missed you because you are disabled.

So you have to decide what the truth is.

If you believe you were dismissed because you are disabled you should consider filing a claim with the human rights commission.

It is also possible for you to sue on your own for wrongful dismissal. You cannot both file a complaint and sue.

If you aren't sure which one to do your next step would be to consult with an employment lawyer face to face and have the lawyer review the facts in great detail.

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