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I am sorry to hear that.
Are you in a union?
Has your doctor provided the employer with a report with a list of requirements that the employer needs to meet in terms of accommodating your disability?
What is the union during for you?
Are you saying that if you can stick this out to the 31st issue is over?
You're certainly correct. All I have been found so far is asking questions. That is because I'm a senior practicing lawyer and will never provide an answer until I have all of the proper information. You have not yet provided that.your post is simply not complete and you have not answered my information requests which are requesting vital information.
As well, there's no need to be this hostile and aggressive. I don't work for the site because as I just said I'm a practicing lawyer but I can assure you that the site tells you that you can have a full refund any time. To threaten to speak to PayPal is a waste of your time and that of the site's.
I am now going to opt out because I will not work with people who are this hostile. When you're hoping that someone will help you is really not advisable to treat them this way.
The questions I provided you are information requests. There is no charge for them nor are there charges for follow-up questions after I give you a complete answer but your facts are not clear enough and your situation is very complex from a legal point of view as I'm sure you know.
For me to provide you with a meaningful answer which is the type of answer you will need have to fully understand the situation. If you wish to go ahead and given that you did not understand this I will opt back in so now please go back and read my last question and answer it.
You said that the business was closing at the end of 2015 and that is why the union did not want to get involved. You are saying that you are even worried that you are going to lose your termination pay. Are you saying that all the employer wants you to do is to work until the end of this month and you were saying that you aren't able to do that? I am not saying that you should work until the end of this month but I'm just trying to figure out why the union does not want to help you.
But are you only talking about what's going to happen in the two and half weeks?
That is why the union doesn't want to help.
They could likely fight this and get you a position that accommodates all the requirements provided by your doctor so long as the doctor provides a full report but that will not happen before the end of this year. It cannot and then the job is no longer available.
So it seems that the best approach in my view is for you to do what it takes to make sure you get that severance package.
Then, once you do get the package you can consider filing a complaint with the Human Rights Commission so long as you don't have to sign a release to get the package.
This is a case of discrimination because the employer owes you a duty of reasonable accommodations so long as these accommodations will not cause your employer to undergo undue hardship.
And they can end up having to pay you damages and this goes beyond termination pay.
Our society will not tolerate someone with a disability not being treated fairly even if you get your termination pay.
Does that help?
Let me know if you need more information.
That may not include a complaint to the Human Rights Commission. It will depend on the wording.
But that's not the exact wording. If you do have a copy of the release why don't you take it to a lawyer and have a face-to-face consultation briefly with someone who can review it?
In most provinces through the province's lawyer referral service you can have a half-hour consultation at a nominal cost.
Tell the union to get you a copy and say you need to get advice before signing.
You would not be getting the lawyer involved. You would just privately get some independent legal advice.
You should ask any of them if they have a copy.
If you are forced to sign a release that you aren't allowed to read first and that you cannot seek advice about it may not even be binding court.
There is no way they will allow that unfortunately.
It's not illegal but it will give you excellent grounds for having the court set aside that agreement if they try to say you are bound by it.
No one can force you to go back to work but your union is not backing you and there are only three weeks or really 2 1/2 weeks left.
I cannot provide you with advice but if I were you I would go to work but not do a think that hurts you but be there each day to preserve your severance package and I would see a lawyer as soon as possible without telling anyone about it.
Now we are just back where we started from yesterday. You cannot compel your employer to do the right thing. The union can try to do that through a grievance. The union will not do this. The reason why they won't is that the business is closing in three weeks. So no matter what the law is in terms of discrimination your employer is not going to give you what you want unless you file a complaint or sue.
We've already been over all of this and you're back to the whole issue of the release the fact that the union will represent you etc.
Do you see what I mean? If you don't go back to work for the next two weeks you may lose your termination package.
I am glad you know which direction to go.
Please be well.
If you can rate me now that would be great.
I'm not able to speak to you on the phone because the rules of my Law Society prohibit me from speaking to you because you are not my client.Also, you actually never rated me. Please rate me now as I helped you for such a long time and hadn't been paid yet.