Just wondering if this is a free service? Nova Scotia. I have spoken at length with my boss and with the employment

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Customer: Nova Scotia
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Customer: I have spoken at length with my boss and with the employment agency that I am funded through.
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Answered by ToLawyer in 5 mins 1 year ago
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ToLawyer, Expert

Hi, my name is***** am sorry to hear about your troubles and I would be happy to assist you. Before we begin, please note that this discussion is for providing general information only, it is not detailed or necessary specific legal advice, and it is only for the purpose of helping you understand the nature of your situation from a legal standpoint and to discuss options. You should engage a lawyer/paralegal in your local jurisdiction if you wish to take any legal action going forward.

In case you would like a faster response, the site will automatically offer you an optional phone call for an additional fee. Rest assured, I can continue to assist you via text, and I am already reviewing your question.


ToLawyer, Expert

Hi there what is your question?

I have been at my job for 15 months. I have received 4 job descriptions during that time. My boss has never let me do more than 10% of any job description. We have a high turn over rate as they have difficulty giving up enough control of information and resources to allow people to do their jobs. We have discussed this many times. Recently my boss told me that they will not let me start doing the other 90% of my job which I have a signed contract for because of my mental illness. There was no performance review, no repercussion, just will not let me do my job. Also I am a manager and whenever we agree on a new management strategy, the change their mind after I implement it and tell my staff that I'm mentally unwell, and not to worry about instruction I give. They know about my mental health because in the summer I told them I was changing meds and might need 2 days off to adjust. However, the medication ended up having no negative side effects and I didn't need the 2 days of!
f. When my boss recently blamed my mental health on throwing me under the bus to my employees and on not allowing me to do my job, I told them that's discrimination on the basis of mental health/disability. They agreed and apologized. When I said, ok let's treat this as a learning moment, and asked how we can improve going forward to make sure that doesn't happen again, they became angry and started justifying their discrimination. What are my options?

ToLawyer, Expert

Ok so. This may be a case of discrimination. The employer must accommodate you until the point of undue hardship.

You can make an application to the Nova Scotia Human Rights Commission if the problem cannot be resolved privately. They may force the employer to allow you to do the job that you are capable of doing. This is the low-risk option, even though you may ruin the relationship between yourself and the employer.

The other option is to claim wrongful dismissal based on constructive dismissal and discrimination. This is the more extreme option as if you fail to make your case, you would have been deemed to quit your job.

At this point, if you are considering going with either of these routes, I would recommend speaking with an employment lawyer.

I hope this is enough to get you started.

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