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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101391
Experience:  Lawyer
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My problem is complicated, I had a nervous breakdown down in

Customer Question

My problem is complicated, I had a nervous breakdown down in 2014, I went on short term disability for five and half months. I went back to work in late December 2014 on a ease in to work bases still on short term. When I returned to work I had no support at all. I had a argument with a co worker told her I would burn her assisting by going to HR. She accused me of physically threatening her which believe me is not the case. Management sent me home. I called my therapist and saw her On Monday morning. She was not convinced that I was ready to returned to work so fax was sent to my work stating that I would be of work till april . My case worker at manuals life was aware of this and was in the process of approving me for long term disability. I was called by my supervisor on Tuesday stating that my disability was denied. This was not the case. I contacted a lawyer and came to a agreement with my employee and signed saying I would not go to human rights. I feel now that I was not capable of making that discussion I was still sick and very distraught about what my employer did to me after twenty six years of employment. I have lost financially and emotional. Is there any thing I can do?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying you signed a release after getting independent legal advice.

Now you want to file a complaint with the Human Rights Tribunal and want the release set aside on the basis that you were not competent when you signed. Is that it?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

You would have to be able to provide a report from a doctor that would say that you were not mentally competent to make decisions or sign or understand any legal documents.

If you can do that you may have a chance of setting aside the release.

It will be hard to do given you had your own lawyer but that lawyer is not competent to determine whether you had mental capacity or not.

Do you see what I mean?

Customer: replied 1 year ago.
but I really think I was taken advantage of in the settlement
Expert:  Debra replied 1 year ago.

You may have been but that happens to competent people all the time. The employer is in the position of power over the employee.

You will not succeed because you were taken advantage of. You only have a chance of succeeding if you can have a medical expert state you lacked the mental capacity at the time.

Customer: replied 1 year ago.
Ok thank you
Expert:  Debra replied 1 year ago.

You are very welcome.

I am sorry this happened to you. I hope you can work this out.

As we are done please rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.