I ,am on disability leave from a employer were I work for 10 -12 years. Received roe 6 months later saying I will not be

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Customer: I ,am on disability leave from a employer were I work for 10 -12 years . Received roe 6 months later saying I will not be returing to work for them . reason for roe illness or injury . I am on long term because of so many delays for operations with the coxic virus . In March got email to take all my courses .Got roe in May 21 /2020 .
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: private
JA: Have you requested a reasonable accommodation? What happened?
Customer: They never talk to me since on phone or in person . I talk to office manager he never even brought up .
JA: Of course. The best way to reach them is by emailing***@******.***
Customer: I had the company phone @ e-mail addresses till I got e-mail May 19 /2020 and benefits . I was a Foreman there for 10 -12 years .
JA: Where are you located? Disability laws vary by state.
Customer: Canada ,Alberta
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Debra in 1 hour 2 years ago
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Debra
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Debra
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Debra
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166198 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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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.

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Debra, Expert

I am sorry to hear of this difficult situation.

Are you saying they are dismissing you or are they saying that the contract has been frustrated because you are unable to work?

You were saying that you will be able to work but things got delayed because of Covid correct?

Customer
They are dismissing me I am still on medical leave . If it wasn't for the covid I would of had my operation and been back to work but everything got delayed . No operation during covid .
Customer
Customer attachment 6/10/2020 12:22:57 PM
Customer
Customer attachment 6/10/2020 12:23:29 PM
Customer
Customer attachment 6/10/2020 12:23:33 PM
Customer
Iam still on disability waiting for operation . Thanks .
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Debra, Expert

I cannot read the attachments. Some are too small and some are sideways.

Can you please just give me the notice of dismissal right side up please?

Customer
Customer attachment 6/10/2020 4:25:39 PM
Customer
Customer attachment 6/10/2020 4:26:35 PM
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Debra, Expert

Can you please attach the letter you got a May 21.

Customer
No letter just separation slip . Roe .
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Debra, Expert

What code did they put on the ROE? I cannot see it.

I am talking about when they put in the reason for termination they needed to choose a code. Can you give me that code?

I have to figure out what their position is before I can provide the accurate information you need.

Customer
Code D
Customer
Customer attachment 6/10/2020 9:22:03 PM
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Debra, Expert

That is just dishonest. You have no intention of not coming back to work and you never said you were permanently unable to work.

They did this to get out of paying you termination pay which would be considerable after 10 - 12 years. If you were dismissed without just cause you would be entitled to receive reasonable notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

For this reason you should be consulting with an employment lawyer at this point.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

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
That's awesome very helpful
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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.

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