My employer took me of schedule because I didn't comply with their vax mandate without any notice. Isn't that considered

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Customer: My employer took me of schedule because I didn't comply with their vax mandate without any notice. Isn't that considered dismissal
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: Yes
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Private Labatts
JA: Where are you located? Workplace termination laws vary by state.
Customer: Toronto
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The hr wouldnt return my messsges
Answered by ARLENEP41 in 2 mins 8 months ago
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ARLENEP41
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ARLENEP41, Expert

Hi, my name is Arlene. Welcome to Just Answer, I’m your expert and I’ll be assisting you today. Just a general disclaimer that this conversation is for informational purposes and I am not your lawyer. The information discussed is for general use only and a lawyer would be necessary to preserve any of your legal rights. Please note that the system may ask you to participate in a live call. This is an automatic feature and I typically work only through the chat option.

Customer
Okay
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ARLENEP41, Expert

Hi, I'm sorry to hear about this situation.  It certainly sounds like a hostile work environment.  If they stopped giving you hours and refuse to speak to you you can certainly claim constructive dismissal.

Customer
it is
Customer
Plus there is privacy policies being breached
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ARLENEP41, Expert

You can retain counsel to approach them regarding constructive dismissal.

Customer
It was never like that until labatts took over
Customer
Hi Brendan I am out of test kits. I will only do the test if it's provided to me as I am in no financial situation to be buying them. Let me know if I am still employed at mill street and if I am not please send me the documents relating to my termination.
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ARLENEP41, Expert

You would think with a company like labatts it would be the opposite.

Customer
This is what I wrote to hr
Customer
We had a great manager named rob once he left it all went down hill
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ARLENEP41, Expert

I see.  Well what you wrote is certainly direct.

Customer
The new guy said In an open meeting that if we don't like it here you can leave
Customer
their vax policy have no signature
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ARLENEP41, Expert

It doesn't always require a signature to be valid as long as its coming from a legitimate source.

Customer
We I did get hr to do an electronic signature lol
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ARLENEP41, Expert

that's good

Customer
this is ground for wrongful dismissal
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ARLENEP41, Expert

Constructive dismissal.

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ARLENEP41, Expert

Wrongful dismissal is when the employer terminates you.  Constructive dismissal you have to quit because there is a breach in the employment terms/conditions

Customer
I worked there for 10 years so would that mean I would be paid min 2 years severance
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ARLENEP41, Expert

No it's usually one months termination pay for every year you worked give or take depending on a variety of factors.  So you are looking at closer to 10months termination pay.

Customer
But wrongful dismiss is min 2 years
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ARLENEP41, Expert

No, its the same amount of termination pay for both.

Customer
Thank you for the advice I will now seek a lawyer
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ARLENEP41, Expert

no problem

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