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  #1  
Old 10-24-2017, 07:22 AM
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Getting fired due to medical condition

Anyone have experience with this? What are your options? I know you're protected in the states but what about here?
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Old 10-24-2017, 08:22 AM
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I dont have any experience in this myself but i just fininshed some managemnt training and this subject came up. I goes like this the employer
1- can't discriminate an employee because of a medical condition
2- must try and accomondate the employee with a medical condition example: change of job descripition , making the work enviroment better
3- If the employer proves that they tried to accomandate the employee to their best of abilities and is causing hardship to the employer (can't afford it ) they can now let go the employee. THE EMPLOYER NEEDS TO PROVE THIS before termination

Thats what we where taught best to consult the labour board (pointless IMHO) i would consult a labour lawyer .
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Old 10-24-2017, 08:28 AM
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When my daughter was pregnant she went through this and Vinny is right the only thing I would add is the employee can goto human rights as they will deal with some cases
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Old 10-24-2017, 08:31 AM
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Quote:
Originally Posted by vinny View Post
I dont have any experience in this myself but i just fininshed some managemnt training and this subject came up. I goes like this the employer
1- can't discriminate an employee because of a medical condition
2- must try and accomondate the employee with a medical condition example: change of job descripition , making the work enviroment better
3- If the employer proves that they tried to accomandate the employee to their best of abilities and is causing hardship to the employer (can't afford it ) they can now let go the employee. THE EMPLOYER NEEDS TO PROVE THIS before termination

Thats what we where taught best to consult the labour board (pointless IMHO) i would consult a labour lawyer .
Thanks . Yeah, they knew my condition when I started 6 years ago, and never talked to me about anything. I have to miss work occasionally for Dr. Appointments, and recently had to see him more because of a bleeding issue which is now taken care of. Apparently me being away disrupted the shop
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Old 10-24-2017, 10:53 AM
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i believe you can sue them for wrongful dismissal if you take the proper channels to fight any termination you deem inappropriate based on current labour laws.

Happened in our shop a long time ago where super and employee got into an argument about something then super said get the hell out as you're fired. Employee took the company to court for wrongful dismissal and got a nice payday when he won.
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Old 10-24-2017, 11:18 AM
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When my daughter was pregnant she went through this and Vinny is right the only thing I would add is the employee can goto human rights as they will deal with some cases
Yup. Labour board said I need to call human rights
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Old 10-24-2017, 01:06 PM
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If there are any past incidents for missed time, disiplanary or for other reason other than the medical the company will surly exaggerated them if forced to. Now this company sounds a bit deuchie if you get job back they may make it quite miserable for you there. As you are seeing a specialist regularly for a condition you could possibly be entitled to dissibilty CPP
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Old 10-24-2017, 01:28 PM
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If there are any past incidents for missed time, disiplanary or for other reason other than the medical the company will surly exaggerated them if forced to. Now this company sounds a bit deuchie if you get job back they may make it quite miserable for you there. As you are seeing a specialist regularly for a condition you could possibly be entitled to dissibilty CPP
I think that's the direction I'm headed (ccp disability) I had to quit another job 6 years ago due to this.. to those that want to know, I have an ileostomy due to crohns. So lifting a lot, bending over, excessive heat ,and an assortment of other bs holds me back. I want to work and not collect disability, but getting older with this thing is getting pretty damn hard. It was gravy when I was younger but it is starting to rear its ugly head now.
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Old 10-24-2017, 01:29 PM
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And yup, I see a specialist. Probably once a year .
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Old 10-24-2017, 02:15 PM
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I think that's the direction I'm headed (ccp disability) I had to quit another job 6 years ago due to this.. to those that want to know, I have an ileostomy due to crohns. So lifting a lot, bending over, excessive heat ,and an assortment of other bs holds me back. I want to work and not collect disability, but getting older with this thing is getting pretty damn hard. It was gravy when I was younger but it is starting to rear its ugly head now.
I hope you are able to figure out something regarding your wrongfully dismissed, it's so very WRONG when employers do that!!

I hope you are able to start felling better real soon, talk to me I have not been able to works for the last 11 years now!
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Old 10-24-2017, 03:45 PM
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Originally Posted by xcr700 View Post
Thanks . Yeah, they knew my condition when I started 6 years ago, and never talked to me about anything. I have to miss work occasionally for Dr. Appointments, and recently had to see him more because of a bleeding issue which is now taken care of. Apparently me being away disrupted the shop
I would turn it around on them........If I'm missed that bad! then I need a pay raise!
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Old 10-25-2017, 03:40 PM
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Contact Human Rights Commission. They will launch an investigation and if you were let go inappropriately then they will take corrective action.
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Old 10-25-2017, 05:05 PM
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Contact Human Rights Commission. They will launch an investigation and if you were let go inappropriately then they will take corrective action.
Thanks I'll be doing that next week
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Old 10-26-2017, 08:58 AM
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I hope your able to get both issues resolved.
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Old 10-26-2017, 01:14 PM
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Quote:
Originally Posted by xcr700 View Post
Thanks . Yeah, they knew my condition when I started 6 years ago, and never talked to me about anything. I have to miss work occasionally for Dr. Appointments, and recently had to see him more because of a bleeding issue which is now taken care of. Apparently me being away disrupted the shop
So sorry to hear about your situation Andy. If you look at the online labor code for Manitoba they owe you 6 weeks of notice with pay after you have been with a company for more than 5 years. Wrongful dismissal due to medical reasons could be a tricky one because there is nothing that I could see in the labor code info that covers that. Employers must try to provide reasonable accommodation when warranted but they could argue that it may not be possible to provide another job function/role if the company isn't large enough where there are opportunities for that.

All and all a terrible situation for you and I sure hope this could be turned around where you work but it would probably be a toxic working relationship after. I and the rest of us are pulling for you and don't let them sum*****es get you down. Sometimes things happen for a reason and new doors are opened.
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Old 10-26-2017, 02:08 PM
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Lawyer up and make 'em pay.
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Old 10-26-2017, 03:42 PM
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So sorry to hear about your situation Andy. If you look at the online labor code for Manitoba they owe you 6 weeks of notice with pay after you have been with a company for more than 5 years. Wrongful dismissal due to medical reasons could be a tricky one because there is nothing that I could see in the labor code info that covers that. Employers must try to provide reasonable accommodation when warranted but they could argue that it may not be possible to provide another job function/role if the company isn't large enough where there are opportunities for that.

All and all a terrible situation for you and I sure hope this could be turned around where you work but it would probably be a toxic working relationship after. I and the rest of us are pulling for you and don't let them sum*****es get you down. Sometimes things happen for a reason and new doors are opened.
Thanks bud. At this point I just want my EI . There's a possibility that I'll need an operation in a few months

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Lawyer up and make 'em pay.
I'm hoping to rape them at some point. Calling human rights next week first,then go from there
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Old 10-28-2017, 02:18 PM
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Getting fired due to medical condition

I donít necessarily agree with going after a company for money.....I donít know what you did for a living and am sorry about your medical issues. Have someone in the family has the same thing hasnít worked for years and long term disability isnít enough to eat with. If you knew you that you wouldnít be able to do the job they required Iíd say some responsibility falls on you to make a decision that a different career is what you need to do. If itís a large company I think itís alright to expect them to cater to you to an make extent. Either way good luck with the future. Iíve got some medical issues Iíve been putting off because of work but gonna need surgery sooner or later lol Iím sure thereís more of us who think we can make it another day right until that day happens.

I do believe they owe you some heads up though after 6 years of employment if they werenít happy they should have given time for you to find something better suited.

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Old 10-28-2017, 06:56 PM
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I donít necessarily agree with going after a company for money.....I donít know what you did for a living and am sorry about your medical issues. Have someone in the family has the same thing hasnít worked for years and long term disability isnít enough to eat with. If you knew you that you wouldnít be able to do the job they required Iíd say some responsibility falls on you to make a decision that a different career is what you need to do. If itís a large company I think itís alright to expect them to cater to you to an make extent. Either way good luck with the future. Iíve got some medical issues Iíve been putting off because of work but gonna need surgery sooner or later lol Iím sure thereís more of us who think we can make it another day right until that day happens.

I do believe they owe you some heads up though after 6 years of employment if they werenít happy they should have given time for you to find something better suited.

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I get what you're saying, and ftr I just want them investigated. They're a religious outfit and are beyond crooked. I have stories on them. I won't get into it too much but they didn't pay me my vacation pay for the first 6 months I was there. I did jobs involving hr related things and I know you are entitled to start collecting vac pay after 3 months. Then after a year, you are entitled to take said vacation and use the money accumulated. They said I wasn't entitled to receive any vac pay until after 1 year, then take my vacation a year later. Don't think so. Also they used my ei benifets when I started there for a "job creation program "....the job was already there, I was already doing it. They git a free employee for 3 months. Don't think so. And they knew my condition when I started there. . I dont expect a cash settlement ,inwant them investigated
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Old 10-28-2017, 07:02 PM
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And I had no problem whatsoever in doing the job at all. My medical needs required me to have 3 days off in thevlsdt 2 months and probably 1 per month for lab appointments and Dr visits. They just didn't like the time I missed. And this all started last year when the bosses son came back after he himself was let go from the company to be the hr guy. He was a douche then and is even worse now. Since he came back ,3 long term employees quit and 1 retired....due to him .
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