Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Doctor removed me from work immediately due being victim of…

Customer Question
Doctor removed me from...

Doctor removed me from work immediately due being victim of bullying from a supervisor at work. Told my boss and owner of company about it and they both let it continue...am I going to be able to get wcb benifits while I am trying to "get right"

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sorry Not a state....canada

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time non union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Jurisdiction is British Columbia

Submitted: 7 months ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 10 minutes by:
12/9/2017
Lawyer: Debra, Lawyer replied 7 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,562
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 7 months ago

I am sorry to hear this but not sure what you mean.

Are you saying your doctor has said you are sick and that you are temporarily unable to work because of this treatment?

How long have you worked there for?

Ask Your Own Canada Law Question
Customer reply replied 7 months ago
2 1/2 yrs and yes he wants me off now for a minimum 4 weeks to start getting better
Customer reply replied 7 months ago
It's not the work stress is the bullying that has me sick
Customer reply replied 7 months ago
The yelling and agredrive behaviour and the insults
Lawyer: Debra, Lawyer replied 7 months ago

But how would be be better in 4 weeks or anytime if this is going to continue when you go back?

Ask Your Own Canada Law Question
Customer reply replied 7 months ago
I'm not willing to call
Lawyer: Debra, Lawyer replied 7 months ago

I am not asking for the call. It is just something the site offers. I do need an answer to my question so I can give you the best possible answer.

But how would be be better in 4 weeks or anytime if this is going to continue when you go back?

Ask Your Own Canada Law Question
Customer reply replied 7 months ago
Correct.....the owner of the company is aware and has actually put me in positions with him knowing I was going to "get slammed"
Lawyer: Debra, Lawyer replied 7 months ago

So how can you go back then? Do you know what constructive dismissal is?

Ask Your Own Canada Law Question
Customer reply replied 7 months ago
No
Customer reply replied 7 months ago
I can't afford to be without my job or income
Customer reply replied 7 months ago
I am going to contact worksafe bc and file a complaint on Monday and ask about wage loss benifits as I can't take this anymore but I can't afford to kot work....it's horrible
Lawyer: Debra, Lawyer replied 7 months ago

I understand but taking a sick leave and going back isn't going to work.

First there is not much likelihood you will get paid by WCB. They are not going to agree you are sick and pay you in most cases. They don't accept bullying as a cause of illness in almost all cases. They don't generally accept stress from the work either.

You can certainly try.

You can also apply for EI sick benefits and you have somewhat of a better chance of succeeding there.

But once you are back at work you cannot take another sick leave and think you will get benefits. This just isn't how the system works.

It sounds like you do know what constructive dismissal is. But if you quit and claim constructive dismissal you can sue just as if this was a case of wrongful dismissal and get damages equal to what your termination pay would be if you were dismissed.

Do you see what I mean?

And leaving these legal issues aside for one minute you should be actively seeking another job right now.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Canada Law Question
Customer reply replied 7 months ago
You are talking about Worksafe BC....not WCB correct so you are familiar with these situations currently in British Columbia?
Lawyer: Debra, Lawyer replied 7 months ago

I am a lawyer in Canada.

What I am telling you is that all these governmental agencies do not like to pay benefits and anything relating to mental health issues tends to be questioned especially when the allegations relate to work stress and when it's about bullying it generally just is not believed.

I am simply telling you what reactions you will likely get.

It is not going to work out long term for you if your employer isn't helping you and they must help you. It's their obligation.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 7 months ago

Is there anything more I can help you with at this point in time?

Ask Your Own Canada Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,562
105,562 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

105,562 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

239 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
Oh thank you! I was in a work situation where I filed bill
Oh thank you! I was in a work situation where I filed bill 168 on my direct supervisor. It was investigated and it was unfounded with a report stating it should not be discounted that I felt bullied a… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
It is work related I can't seem to get an answer out of
It is work related I can't seem to get an answer out of work. I was on Wcb and they sent work a check for me but work has used my vacation time to pay me. I'm not exactly sure what I can and can't do.… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
My husband was injured at work and now has to have surgery
My husband was injured at work and now has to have surgery because it exasperated a pre existing condition. He was looking at having surgery maybe next year but due to the accident they pushed it to t… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
My problem is a bit of a long one but I want to know what my
Hello. My problem is a bit of a long one but I want to know what my rights are as my previous employer who continued to pay my salary while I was off for 3 months on sick leave is asking for reimburse… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
I live and work in Canada. The judgement converted my income
I live and work in Canada. The judgement converted my income from Canadian dollars to US dollars for child support and alimony. However almost immediately the exchange changed from 10% to 40% making m… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
Can a company refuse to accept a doctor's note enabling you
Can a company refuse to accept a doctor's note enabling you to return to work? I was falsely accused of theft at work and because of that I was diagnosed with anxiety and PTSD and was put on long term… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
Recently I retired from my full-time, union job of 15 years.
Recently I retired from my full-time, union job of 15 years. A year and a half ago I turned 65 years old and I got a pacemaker. Since then my new boss and her boss have been harassing me about my medi… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
I was terminated from my job due to insubordination and not
I was terminated from my job due to insubordination and not able to obtain proper medical note last 2011. Lately, I was diagnosed with metal poisoning by my doctor as lab results showed high levels of… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
Can in British Columbia ,somebody employed under fedral
can in British Columbia ,somebody employed under fedral jurisdiction ,be denied their senority because they have passed thier 65th birthday… read more
Tom B.
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,263 satisfied customers
Me and my co worker for a hospital and was psychologically
Me and my co worker for a hospital and was psychologically harassed for years by a boss. We had a reorganization the boss got another position and her friend is now our boss. Along with the boss was d… read more
Copperlaw
Copperlaw
Barrister and Solicitor
Law Degree
1,737 satisfied customers
Heads up. This pertains WCB law in British Columbia Canada. I
Heads up. This pertains WCB law in British Columbia Canada. I went to school for 2 years for a profession i cannot do. 3 weeks after graduation i was in a serious accident at a part time job that had … read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
I was working for a company in British Columbia canada for
I was working for a company in British Columbia canada for 20 years, the last 4 years i was on WCB and currently still am. My employer is terminating me while I am on WCB and he also withheld $8000 of… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
GOOD MORNING.... WORK PLACE ACCIDENT.... 6 FINGERS SEVERED
GOOD MORNING.... WORK PLACE ACCIDENT.... 6 FINGERS SEVERED OFF.... 2 YEARS EARLIER ACCIDENT ON SAME MACHINE..... WCB DID NOT FOLLOW UP AFTER FIRST ACCIDENT AND EMPLOYER NEVER FIXED OR MODIFIED MACHINE… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,749 satisfied customers
Hello. I live in British Columbia Canada. Our salaried (non-unionized)
Hello. I live in British Columbia Canada. Our salaried (non-unionized) workforce was sent a notice that our work week would be increased by 2.5 hours each week with no increase in pay. Is this legal? … read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
My husband and one stepdaughter are American citizens but living
My husband and one stepdaughter are American citizens but living in Canada with Permanent Residency Cards. A second stepdaughter, Tawnia, lives in Las Vegas with her husband and our one year old grand… read more
Sokkalaw
Sokkalaw
Lawyer
Bachelor's Degree
312 satisfied customers
I have experienced workplace bullying for 9 years. As a result
I have experienced workplace bullying for 9 years. As a result I have had to go on sick leave and suffering from an illness caused by the bullying. Is there any legal action I can take to sue my emplo… read more
Debra
Debra
Lawyer
Doctoral Degree
105,562 satisfied customers
Good day, My spouse injured his shoulder on the job back in
Good day, My spouse injured his shoulder on the job back in August 2008. He received compensation from WCB for his injury during his treatment period. WCB was in contact with my spouse's employer to a… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,180 satisfied customers
I have experienced ozone poissioning while doing my job. I
I have experienced ozone poissioning while doing my job. I was exposed to very harmful levels. After 3 weeks I am still suffering from burning mouth,tongue, throat and lungs. I am coughing up flem and… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,180 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x