I am employed as a salaried manager at a large international retailer. I was hired Oct 3, 2014. I began experiencing

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Customer: Hello, I am employed as a salaried manager at a large international retailer. I was hired Oct 3, 2014. I began experiencing symptoms of anxiety and depression around early 2017 due to burnout from personal and work related stress, exasperated by toxic work environment and superior who triggered personal trauma. My performance was affected and I was disciplined. I went to ER in distress and was written off work by a psychiatrist for an indefinite amount of time. I started on STD on June 14th, 2018. I was approved for LTD with Manulife from October 2018 until the present time. After 2 years on LTD, I was expected to return to work either by returning to my previous employer or pursuing work elsewhere. I chose to return to my previous employer to my previous role which I have certification in and have experience of 15 years. Discussion of return has been in the works since September 2020. On March 1st, 2021, I was informed that Manulife provided my employer with a list of accommodations by email and was expecting a response within 2 weeks. On March 11th, 2021, I received correspondence from Manulife to expect an email from my employer to discuss "next steps". I confirmed with Manulife that my employer had not yet made a decision about accepting my request for accommodation and required more information. I had a video call with my employer on March 17th 2021 who was requesting more information regarding my work environment. I requested not to revisit the incident out of fear of retaliation and stigma in the workplace. I was told that my position no longer existed due to "max capacity", was told that someone was returning from mat leave. I am aware that the return is some time in April 2021. As such, I was given two options for employment: one is a salaried position that is in the same payscale, but would be outside of my career field that would require additional training beyond the 8 week gradual return to work, expectation to meet standards of the job after the 8 week rehab period or termination based on performance rating prior to the STD/LTD that was a symptom of my disability, a further commute. The second "offer" was that I apply for a 1 year contract position related to my field that was neither guaranteed and would require me to accept a demotion. Neither options are ideal, considering one is setting me up for failure and additional stress, and the other is not a guaranteed position forcing me to accept a demotion. I feel that I am at the point where I have to choose between quitting or choosing to be terminated from my employment for cause.My question is, do I have a case of constructive dismissal or discrimination due to my disability?
Answered by Debra in 5 mins 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

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Debra, Expert

Are you saying they could accommodate you without suffering undue hardship but won't or that there is no way to accommodate you?

Customer
Hi Debra, I do not believe they would suffer undue hardship.
Customer
I have been prepared to return to a gradual return to work plan in my previous position that I am trained for, however, they are telling me there are no positions available because someone is coming back from maternity leave.
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Debra, Expert

This would be a case of discrimination. They have a legal obligation to provide you with reasonable accommodations unless doing so would cause them to undergo undue hardship.

When they can provide the accommodations but will not this is a breach of the Human Rights Code.

Your best next step would be to file a complaint with the Human Rights Tribunal. In fact calling them now to discuss would make the most sense.

Does that help as a starting point?

Customer
Does this mean that it's okay that they offered me the "choice" between a guaranteed position and non-guaranteed position?
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Debra, Expert

They have to treat you fairly. So giving you a non-guaranteed position when you had a guaranteed position is not fair.

Customer
Great, thank you Debra!
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Debra, Expert

You are very welcome.

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Hi Debra, I have additional questions related to my situation above.
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Debra, Expert

Please start a new post and I will gladly help you. But please be sure to put my name into the post so I am the one to answer.

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