I am an employer and have a question about employee refusing to come back to work. Not unionized her position is general

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Customer: Hi there.
JA: Hello. How can I help?
Customer: I am an employer and have a question about employee refusing to come back to work
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: no
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: not unionized her position is general label, hourly salary with EP CPP plus 4% vacaiton, no benefits
JA: Anything else you want the Lawyer to know before I connect you?
Customer: she had fever back in Jan so we told her to stay home for 2weeks....after the two weeks, she has been refusing to work, so since early Feb till now
Answered by Debra in 5 mins 2 years ago
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Debra
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Debra
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166398 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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166398 Satisfied customers

Jessica

Jessica

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Customer
Hello,
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Debra, Expert

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.

Customer
sure...just wanted to make sure you are practicing in Ontario, Canada
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Debra, Expert

I am sorry to hear this.

Is she providing a reason?

I am in Toronto.

Customer
all said was she is not going anywhere outside of her home for safety reasons...( covid-19)
Customer
she has been refusing to work multiple times whenever we contacted her....and she never said the word quit
Customer
I told her that her case is considered "quit" but she doesn't agree...and said we told her to quarantine....She is not sick and no longer in quarantine since early Feb...
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Debra, Expert

These are unprecedented times as you know.

That means there is no case law directly on point. But leading employment lawyers have said that in their view if an employee is refusing to work then they can be dismissed for insubordination which is just cause.

So you can take that position and likely you are safe.

At the same time she may take the position that she is immuno-compromised or older and that you have to accommodate her needs. That would be the case only if she provides you with a medical letter stating she needs this accommodation and you can provide without enduring undue hardship. So if she decides to file a complaint of discrimination she won't succeed as she has not given you that letter and if she does if you cannot accommodate her without suffering undue hardship it is not discrimination.

Do you see what I mean?

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.

Customer
thank you, ***** *****! Can I just file ROE as she "quit" ? Do I notify her by a formal letter?
Customer
the govverment says we must file ROE within 7days but now 90days...
Customer
I already tole her thru texting that her case is deemed quit
Customer
to simply put, can I just file ROE treat her case as she voluntarily quit? Not to notify her further as I already told her thru texting that we consider her quite!
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Debra, Expert

I think you have to dismiss her. She is not intending to quit.

Customer
do I need to notify her by a letter?
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Debra, Expert

Yes. Send her a notice of termination. Say it is for cause.

Say that you have asked her repeatedly to return and she has refused. After 90 days this has become a case of insubordination and she is dismissed.

Then provide her with an ROE that says dismissed for cause.

Customer
ok..thank you!
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Debra, Expert

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Customer
one last question if I may: once I dismiss her and file ROE, there is a code for "refuse to work when is not sick, not in quarantine", the code is E according to government website....can I use code E instead of M ( for dismissal)?
Customer
are you still there?
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Debra, Expert

Sure.

Customer
one last question if I may: once I dismiss her and file ROE, there is a code for "refuse to work when is not sick, not in quarantine", the code is E according to the government website....can I use code E instead of M ( for dismissal)?
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Debra, Expert

I should have been clearer when I said "Sure". I was saying yes that is the correct code.

Customer
use code E on ROE.....great! Thank you so much!
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Debra, Expert

Yes.

You are very welcome.

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