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All TopicsForum: Advocacy → Topic: I was dismissed because of cancer.

Topic: I was dismissed because of cancer.

Forum: Advocacy — Join here to discuss issues where we can have a voice!

Posted on: Sep 17, 2012 06:27AM

miniwheat wrote:

Two weeks ago I was dismissed from my employer.  I had been working there for 9 months prior to being diagnosed.  I worked up until the day before surgery.  I was advised to only worry about getting better and that my position would be mine upon my recovery.  I fully disclosed that I would need time off for surgery, chemo and radiation.  They said, take the time you need to get better.  Meanwhile, I was in contact with them a minimum of once per month.  1 week prior to returning I called them again to let them know I would be in.  Nothing was said to me other than:"Great!  We'll see you next week".  I walked in all pumped up to get started and back to a normal life, only to be told that due to my immune system being at a lower capacity the chance that I would get sick again was high and they were not prepared to take that chance.  They said that they had someone in my position now that is stable and that my position had been filled.  Devastated, I left the building in tears with no notice, no income and no medical coverage.  I just wanted to get back to a normal life... Any advice would be appreciated.  I have made some phone calls and spoke with Human rights as well, but any additional advice would be appreciated.  My job's income was substantial so now that insurance is no longer paying, I'm in a huge financial mess.  I am looking into new employment at this time. Am I morally obligated to do something about this? I just got done fighting one battle, I really don't know if I have much fight left in me... Thank you in advance for your input. Oh, PS I live in Canada.

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Sep 17, 2012 07:38AM, edited Sep 17, 2012 07:47AM by leggo

miniwheat, I am so sorry this happened to you. As far as fighting it.....sadly, they have the right to do this.....what they don't have the right to do is dismiss you without notice (and by notice I mean enought time to find another job). They either have to give you reasonable notice, or pay in lieu of. A lawyer would be a good place to start to determine if your case is "Wrongful Dismissal" or "Termination Without Cause". They both have different rules as to what you would have been entitled to.

Is your place of employ unionized? A union rule may have been broken. In many situations, they don't have to give you 'your' job back....just 'a' job at a comparable salary. Something to check into.

Edited to add: If you really don't know where to start, maybe give 1-800-O-Canada a call. I've always found them very helpful for any situation. They can at the very least refer you to someone who's very familiar with Canadian Labour Laws without it costing you anything.

Dx IDC, 3cm, Stage IV, Grade 3, 26/35 nodes, mets, ER+/PR+, HER2+
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Sep 17, 2012 07:47AM ashley2 wrote:

hello Minie, if you are in Canada just call the "labour standards " office in your town, for sure it does exist everywhere. they have strong rules for this , you'll learn you what to do.

good luck 

Dx 1/17/2012, IDC, 2cm, Stage II, Grade 3, 0/9 nodes, ER+/PR+, HER2-
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Sep 17, 2012 08:03AM miniwheat wrote:

Thank you, I have made a few phone calls and sent in a formal complaint today through the Human Rights Commission.  I spoke to a lawyer as well.  I was given no notice at all and have yet to receive anything in writing either.  I can't even file for Unemployment insurance until I get this document.  Employment standards is sending me documents to file a complaint as well.  I am not in a union and was told by my employer that technically I was no longer an employee when I went on disability.  Thanks for your input.  I really appreciate it.

Dx 11/26/2011, IDC, 4cm, Stage IIb, Grade 2, 2/12 nodes, ER+/PR+, HER2-
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Sep 17, 2012 08:14AM, edited Sep 17, 2012 08:16AM by leggo

You might get some good results from this. Your employer sounds sketchy. They haven't followed the rules. You are always still considered an employee if you are on company disability. That they can't do (terminate you because you are on disability, I mean). Good luck to you and I hope you get a fair resolution.

Dx IDC, 3cm, Stage IV, Grade 3, 26/35 nodes, mets, ER+/PR+, HER2+
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Sep 17, 2012 01:33PM miniwheat wrote:

I went to the employment office today.  I was incorrect in thinking I needed further paperwork to file.  I was told I would be able to. :)

Dx 11/26/2011, IDC, 4cm, Stage IIb, Grade 2, 2/12 nodes, ER+/PR+, HER2-
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Nov 24, 2012 11:10PM TAMallick wrote:

Your employer may consider you as human being. You were working there so limited time, so may be you can't fight enough with your employer. Every time we should prepare for our odd time, because we don't know our fate.