Im about to lose my job. They have taken me off my schedule. I am a PSW with CBI for 8 years. They are pushing me to

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Customer: Im about to lose my job. They have taken me off my schedule. I am a PSW with CBI for 8 years. They are pushing me to take the PCR twice a week till November 30. I dont want too. I am so stress out from this that ive lost 10 lbs. No5 able to eat properly and just got a new car for work. I am also by myself and cannot afford to be off work at this time
JA: What reason did they give you for the schedule change? Was this retaliation?
Customer: I missed a video call today as i was not available to take it. Im not comfortable with this, i would rather talk in person. I call an apoligize for it. For them to call me back.
JA: Where are you located? Workplace scheduling laws vary by state.
Customer: Mississauga Ontario Company is called CBI Home Health
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Ive been with them for 8 years
Answered by Joey in 2 mins 1 year ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

I’m currently working on your question.

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Joey, Expert

Good afternoon –  sorry to hear about this unfortunate situation. You should write to your employer and see whether there will be any exemptions. If not, then you could retain a lawyer and challenge this in court claiming an infringement on your bodily autonomy and your employer’s failure to accommodate whether on medical or religious reasons. Your employer will likely argue that this mandate is necessary to protect all staff and clients. Given you work with vulnerable clients, there would be a higher expectation of concern for protecting their health.

The Ontario Human Rights Commission recently stated that a religious/moral objection to the vaccine will not be considered discrimination. Here is a link to their statement: http://www.ohrc.on.ca/en/news_centre/ohrc-policy-statement-covid-19-vaccine-mandates-and-proof-vaccine-certificates

There is a real risk you could be terminated from your job for not complying and it is unknown whether the courts would deem this as a “wrongful dismissal” or not. Given the Ontario Human Rights recent statement, it seems the court will likely rule in favour of your employer meaning if you are fired, it will be upheld. Here is a link for the Ontario lawyer referral service to help you find a lawyer in case you want to sue your employer: https://lsrs.lso.ca/lsrs/welcome

Does that help answer your question today or did you have any follow up questions?

Customer
Hi Joey,
I missed their video call they had set up without not given any time to ask if i was available. I was at work. They took me off my schedule for tomorrow. My last shift just before my weekend off. Also completely off my schedule for next week.
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Joey, Expert

Sorry to hear. Reach out to them in writing and reschedule this meeting.

Customer
I been with this company for 8 years. I did not sign any contract that contain information for covid 19.
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Joey, Expert

They can change their policy with reasonable notice to you.

Customer
According to Raco Galati, its in our constitution right from what i read.
Customer
I want my job back without no duress
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Joey, Expert

That's his opinion. It has not been established at court yet. If you are fired, your option would be to sue your employer for wrongful dismissal.

Customer
Im not fired as far as i know
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Joey, Expert

If you are fired.

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Joey, Expert

Did you have any further questions about this issue?

Customer
If i am fired, am i allowed to have unemployment as well as my severance pay
Customer
They didnt say i am fired. For to contact the office
Customer
Im still at work.
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Joey, Expert

If you are fired, you would not be entitled to severance or EI.

Customer
Why is that, i work for it. Its my unemployment
Customer
I did call and left them a message.
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Joey, Expert

Severance and EI are for when you lose your job through no fault of your own. Ignoring a company policy would be misconduct.

Customer
There was no policy until now. It is not in my contract. Anyway thanks.
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Joey, Expert

A policy can change with reasonable notice.

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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