Getting Fired Update

Hello! Well I am still employed but with surgery booked in a month I'm still being told I will be deemed to have abandoned my position if I go ahead.

Got the surgeon to fill out a form from my manager asking a bunch of questions that are none of her business.

I saw a labour lawyer who said I should oblige and have the surgeon complete the ridiculous form and if they still give me a hard time to call him back and he will get involved.

Such a brutal thing to go through after 19 yrs of employment. I resent the stress they are putting me through and I'd love to just quit. But I can't let them get away with treating people so indignantly.

Surgery booked December 2nd. I'll keep you posted!

Best of luck. Your bosses sound awful. I cant imagine your employer being so cruel.

Deborah

I'm totally shocked at this situation....What an awful thing to do after you have devoted 19 years to them.  They are not setting a good example for other employees and definitely saying they have little respect for your health.

I know....the people at work I am close with know my situation and morale is getting lower.  This hospital has such a good reputation in the community and worldwide - if people only knew what really goes on inside, starting at the top -  it would be shocking.

This is horrible!! It's crazy that after 19 years they would do this to you! I say do your surgery!! Your better off without them and the stress, you do not need to be stressed for your recovery! 

 

Best of luck

I cannot believe a labor lawyer suggested obliging them. It is private medical information, you are going off for a medically necessary surgery and will return when your doctor says you can. You are entitled to EI for up to 15 weeks in Ontario and if you have short term benefits you would apply for those first. You Doctor is only required to give information to the insurance company through your employer, not your manager or supervisor. These people are looking for trouble if they make such threats, ask them to put it in writing and you will inform them of your decision. You must give adequate notice but that is it!!

Something about all of this just doesn't ring true.....I am not suggesting that the OP isn't truthful......but something is just off

I also cannot imagine a  lawyer who is actually an employment specialist suggesting you go along with the flow.....your situation has already been poisoned.......

Your employer sounds like they have also sought advice by using language that you will be "deemed to have abandoned your position".....this is legal language

If indeed you find yourself in a poisoned environment and are let go......and you do not have other items in your HR file and have given notice re your non emergency surgery.....you will be in a position of constructive dismissal......and will be entitled to payments under the labor laws....and more importantly via human rights legislation

I would ensure I had a lawyer who ONLY practiced employment law to advise me

Birdiegirl has some good advice here - I'd take it if I were you.  Good luck.

Get a second opinion from another lawyer. There are lots if them out there. Also call Labour Standards.

WOW!  Believe it or not it's all the unfortunate truth.  It's a high profile employment lawyer I consulted with so I'm completely confident in what he says.  

My employer from the time they put out the letter saying I'll be abandoning my position and when they issued the form for the surgeon to complete, they likely spoke to their lawyer and are back-peddling. 

The whole thing is ridiculous and stems from someone being on vacation when I am having surgery - that person put a bee in my boss' bonnet about it because they did not want to lose their vacation time during my health absence, and it snowballed from there.  At this point  even if they know they are wrong, they aren't going to voluntarily admit it.  

The lawyer said to have the 3 question form filled out - not because I should do what they say when they say it - but we are basically at a stand-off and by having their form filled out it gives them the opportunity to stand down or proceed - at which point I can initial a legal response if necessary.  

I'm surprised someone would actually think I would make this up.   For what reason?   If you think it's not true, don't respond.  I was looking to get out my feelings and for support.  Maybe you are my employer responding because you seem to have a similar attitude.

I certainly don't need any drama when getting ready to change my whole life.  I'd rather be expending energy on preparing my life for surgery, not providing a fictitious account of what I'm going through trying to get there.