Question on dismissial from job while on Medical Leave

[redrocket]

Ok so here is the scenario my Mom has been off work for a month or so on Medical Leave, She has notes from her doctor telling her not to go back to work until another month or so. But today she got a notice of dismissal or whatever it is basically the record of employment saying that she was fired. Now it is my understanding that you cannot fire somone because they are on Medical Leave with notes from their doctors and such.

Now tommrow she is going to call the government working standards. Does anyone have any other steps we should take, Like maybe talking to a law office and seeing if we have a case with wrongful dismissal or anything else??

Any input is appreciated or has anyone been is a similar situation?

Thanks

[2002civic]

Is she in a Union? Was she given severance?

[Grogador]

Is/was she on short or long term disability? I think that's the only way it would matter, Doctor's notes or not...

[dannie]

Suing over wrongful dismissal is a very long and tedious process. I had a quick peek at Employment Standards for Alberta, and as long as the employer has followed the guidelines under Section 8 (55), there isn't a whole lot she can do....

Here is the link:

http://www.qp.gov.ab.ca/documents/Ac...=9780779725663

I didn't see information on Medical leave, but I didn't look through everything either.

[The Cosworth]

did she actually get fired or did they just give her an ROE?

[ercchry]

yeah i got fired too when i was on medical leave due to my back. my mom is in human resources and said that they could do what they did they way they did it and i also have a lawyer and they didnt say anything was wrong either. work told me they had enough people with bad backs already

[Antonito]

Was it not related to work? Because if it was a work related thing, WCB has all sorts of rules about not firing people...

Otherwise I have no idea

[blownz]

The company can not get rid of her because of the medical issue but as an employer you can fire anyone at anytime as long as you follow the employement standards for length of notice or pay in lieu of notice.

I have fired someone before while on a medical leave because I was thinking about it before she went on the leave and then suddenly she was gone for 3 months so I figured if I had to hire a replacement, it might as well be permanent.


Just make sure they are providing her pay in lieu of notice. Employment standards are:

one week - for employment of more than three months, but less than two years
two weeks - for employment of two years, but less than four years,
four weeks - for employment of four years, but less than six years,
five weeks - for employment of six years, but less than eight years,
six weeks - for employment of eight years, but less than 10 years, and
eight weeks - for employment of 10 years or more.

[redrocket]

Originally posted by 2002civic
Is she in a Union? Was she given severance?

She is non Union But was not given severance

Originally posted by Grogador
Is/was she on short or long term disability? I think that's the only way it would matter, Doctor's notes or not...

She is on long term disability

Originally posted by The Cosworth
did she actually get fired or did they just give her an ROE?

Fired for sure there was a letter with it saying they were letting her go

[dannie]

As long as they are within the guidelines that I gave you above, there is nothing she can do. Read the section I gave you.