I was on short term disability during a medical leave due to illness. During that time the company that I worked for

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Customer: I was on short term disability during a medical leave due to illness. During that time the company that I worked for (Reitmans Canada LTD) went into credit protection and I was terminated due to the restructure. On my ROE it indicates that my termination was due to shortage of work, but my position was posted and another person (with less experience, tenure and lower pay) was hired to do my job. Additionally I have not received a severance package due to the credit protection, nor have I received any contact from the trustee that was to be handling the severance packages. I want to confirm that I was terminated lawfully and without discrimination due to my salary or illness.
JA: When did this happen? Have you filed an EEOC complaint?
Customer: I was terminated on the 20th of July. I have not. Honestly, I don't know what an eeoc is I have been off work on medical leave since April
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: it is a private company .. Reitmans Canada Limited. They own five banners. I'd say around 7k employees? I'm just guessing on that number
JA: Have you talked to a Canadian lawyer about the termination?
Customer: oh. no I googled employment law calgary ab.. I'm sorry I didn't realize this wasn't a canadian service
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so
Answered by James Macdonnell in 17 hours 2 years ago
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James Macdonnell
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James Macdonnell, Expert

Jurist viewed your post. What is your specific question related to your employment situation?
Customer
I'm trying to determine if I was wrongfully terminated.
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James Macdonnell, Expert

What documents did you receive from the trustee when reitmans underwent restructuring?
Customer
None at all. I just got a termination letter from my company which included a website link for the trustee.. There's nothing on the website that makes any sense to me at all. It's just a bunch of orders and a list of debts
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James Macdonnell, Expert

Unfortunately when companies go into creditor protection and are restructured most employees are terminated in order preserve
Operational finds to wind the operation down. The website likely has a portion Thereon that advises as to what compensation or otherwise is available to former employees.What were the grounds for termination in the letter you received?
Customer
The restructure was listed in the letter. My record of employment filed with the government indicates a shortage of work
Customer
That's why I am confused.. There was no shortage, they posted my position
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James Macdonnell, Expert

At the time you were on medical leave correct?
Customer
That's correct. I'm still on short term disability right now
Customer
They had a temporary manager in my place while I was on leave. Then they terminated me and posted my position
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James Macdonnell, Expert

If you were not offered the opportunity to return to the original position that you were in or given that requirement to come off disability and return to work then you may have grounds for wrongful termination of your job especially if it has been reposted and filled.You should contact the employment standards branch wheee you live and advise of the wrongful termination of
Your employment.How
Long have you been off on disability?
Customer
My last day of work was April 28th.
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James Macdonnell, Expert

It also appears the. That you have been let go or terminated becuase if had remained furloughed in disability longer but still classified as an employee then you would have been entitled
To a large severance package. Essentially your were not called back and terminated under the restructure of the company was so that they could avoid a large severance package pay out to you
Customer
I wondered about that too..
Customer
Is it possible that I was terminated because of my illness... It was definitely inconvenient to them to have to have a temp in my position. Is that discriminatory?
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James Macdonnell, Expert

If the accommodated you for your disability then no.Best thing to do is contact employment standards.
Customer
Ok.. I will
Customer
Thank you
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James Macdonnell, Expert

Good luck with everything!
Customer
Thank you! I appreciate the help
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James Macdonnell, Expert

You’re very welcome!
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James Macdonnell, Expert

If you can leave me a rating it would be greatly appreciated.
Customer
Will do
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James Macdonnell, Expert

Cheers!
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