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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101400
Experience:  Lawyer
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I recently took a Medical Leave, May 23 and recently

Customer Question

I recently took a Medical Leave, May 23 and recently received registered letter from employer (July 28), of termination. Letter was dated June 23
JA: Was this discussed with a manager, HR, or an attorney?
Customer: June 13, sorry. They have grounds, but I avoided confrontation, due to employer raising voice to me on other occasions There is no union, there is no HR, I have not gone to anyone at this time.
JA: Is the employment "at will," union, full time, or part time?
Customer: Part time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I has talked with my Endocrinologist on May 9, about my issues with my employer. Because I am a diabetic type 1, it was then brought to my attention to either contact Labour Board or take Medical Leave.
Submitted: 2 months ago.
Category: Canada Law
Expert:  DMWEsq replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. By terminating you without any prior notice, his appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the law, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract.

It is also possible that you may have been discriminated against because of your disability as well.

To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
I didn't realize this was not a Canadian site.
I recently went on Medical Leave, May 23, 2017. I received, registered mail, Friday, July 28, 2017, from employer, letter of termination, dated June 13, 2017
I did not hand my letter to employer, as I was tired of her raising her voice to me and "what am I supposed to do now?" I have kept documentation on what's been going on with employer and me. There is no union, no HR, and no one else to turn to..
Customer: replied 2 months ago.
I just wanot to know what my rights are and where to go from here.
I realize I won't be returning to that job at the end of my Medical Leave
Expert:  DMWEsq replied 2 months ago.

I'm sorry, the system said you were in the U.S. Let me opt out so our moderators can get you back into the Canadian attorney section.

Customer: replied 2 months ago.
Thank you
Customer: replied 2 months ago.
What I meant to add, was I did not hand my Dr Letter (Medical Leave), to employer, as I was afraid of getting yelled at once again. Over the past few years, I have documented what's been happening with me. I also saved 3 texts from employer as well.
Again, I thank you for your time. Very appreciated.
Expert:  Debra replied 2 months ago.

I am a lawyer in Canada and happy to help. I am reviewing the posts now and will be back shortly.

Expert:  Debra replied 2 months ago.

I am sorry to hear this. How long have you worked there for?

I also don't understand what you meant when you said you went on medical leave but you didn't had the letter to the employer. The employer got it somehow, right?

Or did you not give it to them and just said you were taking this leave?

Are they saying you are dismissed for just cause? If not how many weeks/months of termination pay are the providing?

I also am not clear of the chronology. You took leave May 23 and you didn't get the termination letter until July 28 though it was dated June 13?

Expert:  Debra replied 2 months ago.
Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.Thanks!
Customer: replied 2 months ago.
I worked for this company for 3 years. (May 2014).
I went on a Medical Leave (letter from dr) May 23/17.
Previous confrontation, April 25/17 with Supervisor, at West Country Family Services, about the company being in Breach of my dr note (dated Feb. 2016). Dr letter/note, states "Please eliminate Jeanette's evening/weekend shifts where possible as it's affecting her ability to manage her Type 1 diabetes."
I was scheduled, one weekend per month (every fourth weekend), and, that gave me 12 days of work straight. In most cases, I found myself exhausted.
Anyways, confrontation escalated, meaning in 15 minutes I got questioned 4 times. Each time, supervisors voice getting louder. She wanted to know what dr would tell me the company in Breach?? I never gave information!
So, I put my letters (addressed to each supervisor, x3), on mail slots. Which, I will add, these are located across from first office, on top of CDR's.
They are saying I am fired with just cause, even tho they received letters before my Medical Leave took place.
Termination letter also states they tried calling me, which they didn't.
Yes, I received termination letter July 28 although termination letter dated for June 13/17.
Expert:  Debra replied 2 months ago.

Just so I am sure I get this. You said you were taking medical leave and left.

You didn't ask for it and see if it was granted, correct?

Customer: replied 2 months ago.
Dr recommended, wrote letter, for 6 months off. I'm on Unemployment.
Trying to get my BGL's back on track.
Expert:  Debra replied 2 months ago.

But I don't understand what the answer to my question.

Is it that the doctor gave you a letter for six months leave but all you did was drop off the letter and walk out without discussing this with the employer?

Expert:  Debra replied 2 months ago.

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.