Being Dismissed while on 7 day medical leave.

[MenteL]

I work at an oil change shop (Won't say who for) and as I was getting the customers receipts, slipped on a patch of oil (They are suposed to provide you with anti slip souled work boots but havent got mine yet) and I fell leg first into the pit and landed in the catch net. Right where my knee is, move down about an inch and I've got huge swelling and it's very hard to walk.

I filled out WCB forms, etc while at the doctors yesterday, and got a ride to my work to give to my boss.

What I noticed while there, was that my boss whited out my schedule for this week, and next week, and already hired a girl to fill my spot. I have not received an official word from them yet, however they are trying to get me to quit so they don't have to fire me. Not happening.

What I'm asking is, if I call them today to ask them about my job status, and they say they are letting me go, what is my first step to ensure that this employer will regret their decision to fire me for hurting myself while working?

[TrevorK]

Logically you would think the people at WCB would deal with this all the time, and they could point you in the right direction.

Remember however, that typically in Alberta you can be fired at ANY time provied you are given enough notice/pay in lieu of notice.

There are exceptions, however they are few and far between in Alberta.

[MenteL]

Originally posted by TrevorK
Logically you would think the people at WCB would deal with this all the time, and they could point you in the right direction.

Remember however, that typically in Alberta you can be fired at ANY time provied you are given enough notice/pay in lieu of notice.

There are exceptions, however they are few and far between in Alberta.

I understand they can fire you at any time for any reason, but isn't it also illegal to dismiss a person while they are on a medical leave on WCB from injuring themselves while working for YOU?

On one hand I hope they fire me, on the other hand I don't.

[kenny]

Have you looked into the possibility that your boss is just trying to keep the business running by making sure someone is there to replace you while you are recovering? Obviously because you are injured you will be removed off the schedule.

[lint]

I remember when I was working as a stucco mud man. Working on the scaffolds, I always asked if they had workers comp. The foreman always joked that I'd be fired before I hit the ground. WCB claims are very costly to the employer, and so they will do everything they can to avoid making claims.
Works both ways though. The company I worked for had a guy cut his leg with a circular saw on purpose to get time off and file a claim. When he came back to work, he was canned.

Talk with your employer first to see what the situation is, then I would suggest finding a labour lawyer.

[Z_Fan]

I agree with Kenny.

Unless you've directly heard otherwise, it seems logical that since you are unable to work, you have been removed from the schedule.

Since your place is required, and you are not able to fulfill your position, another has been introduced to take your spot.

Makes total sense to me. You need to talk with your employer if you are concerned and get facts as opposed to taking information and bending it to align with worser case scenarios.

[MenteL]

Originally posted by Z_Fan
I agree with Kenny.

Unless you've directly heard otherwise, it seems logical that since you are unable to work, you have been removed from the schedule.

Since your place is required, and you are not able to fulfill your position, another has been introduced to take your spot.

Makes total sense to me. You need to talk with your employer if you are concerned and get facts as opposed to taking information and bending it to align with worser case scenarios.

Thanks kenny and zfan.

Yes, they did need someone to take my place. However, i'm only gone until monday, which means 4 days im away. Now what would be the point of hiring someone else for 4 days until I get back, when the place was overstaffed to begin with? ANywho, i'm calling myboss up today to find out what their course of action is.

[rice_eater]

ask for a severence package, 6-9months worth of pay

[Xtrema]

Talk to WCB, they should provide you with legal assistance.

But did you talk to your boss before going to the WCB claim route? Or try to settle it without WCB?

Although it is every worker's right, going to WCB is like ratting your gang out to the police. I won't do it unless A) life threatening, B) you're permanantly disabled or C) Boss is an asshole and you really want to get him.

It will cost your boss quite a bit on the investigation and follow up compliance. WCB will be on his ass for some time to come.

As you said, he already hired someone else in your place. So he is not firing base on lack of work, so it must be performance. And he'll have to prove it if this thing get ugly.

[Weapon_R]

You sound like a liability to the company. You haven't even been there long enough and you hurt yourself already, the boss sees you as a threat to the workplace and is going to slowly force you out by reducing your hours so that you'll quit on your own.

[heavyD]

Originally posted by Weapon_R
You sound like a liability to the company. You haven't even been there long enough and you hurt yourself already, the boss sees you as a threat to the workplace and is going to slowly force you out by reducing your hours so that you'll quit on your own.

Even if the guy is a fuck up it still isn't proper to force him out because he got injured at work due to the fact that the employer failed to provide proper equipment (ie. boots).

If the injury wasn't serious, why go through WCB? Why didn't you just work something out with the manager. Introducing WCB will cause alot of grief for the emploer even if it is a minor incident. I got a 3.5 inch nail from a nail gun through my ankle when I was young and working at a lumber mill. I didn't go through WCB. I went to the hospital got it pulled out, talked to management and we agreed that I would take the time off paid until I was ready to come back. I only took 2 days off paid but it saved them alot of grief. At the same time other people at work were telling me I was crazy for not going through WCB and taking months off paid. I don't believe in free rides but alot of people do. Maybe they think you are that type of person.

[Tyler883]

Originally posted by MenteL
I work at an oil change shop (Won't say who for) and as I was getting the customers receipts, slipped on a patch of oil (They are suposed to provide you with anti slip souled work boots but havent got mine yet) and I fell leg first into the pit and landed in the catch net. Right where my knee is, move down about an inch and I've got huge swelling and it's very hard to walk.

I filled out WCB forms, etc while at the doctors yesterday, and got a ride to my work to give to my boss.

What I noticed while there, was that my boss whited out my schedule for this week, and next week, and already hired a girl to fill my spot. I have not received an official word from them yet, however they are trying to get me to quit so they don't have to fire me. Not happening.

What I'm asking is, if I call them today to ask them about my job status, and they say they are letting me go, what is my first step to ensure that this employer will regret their decision to fire me for hurting myself while working?

Before you talk to anyone, you should figure out what you want to acomplish.

Do you want to return back to work and continue employment? Then be honest and straight forward with you boss, ask him for straight answers. And, by all means don't voice your concerns with WCB prior to getting fired. You could be over-reacting to a situation which will piss off your boss when he had no plans to fire you.

Do you want to improve your odds at winning a wrongful dismisal case? Firing a person after the injure themselves is pretty suspicious. The employer is not allowed to do this, and must find another reason to fire you. I would submit an early report to WCB, that you fear that you boss may be setting you up to fire you. Add as many facts and details as you can, and avoid accusations that you can't prove. If you eventually get fired, you will have this letter on record prior to being fired, and it will look more sincere and look less like a disgruntled employee that just got fired..

[d-UNiT]

oil on the floor at an oil shop?

crazy

dude i think your fucked, you need to start aplying for other jobs, you obviously arent too much of an asset to these guys, easily replacable, you should not take that from them, get a better job get some new boots and sue

[Tyler883]

Originally posted by heavyD

If the injury wasn't serious, why go through WCB?

Absolutely! heavyD would have been happy to pay your salary for the next 7 days.

[QuasarCav]

Is it worth this much hassle?


You can find work at about 500 other lube shops in the city and maybe they will be run a little better.

Employers will fuck you around and not care, WCB is getting back at them but I think it's the weak way out unless your missing a leg or something that will impact your career. Take this time to find a new job and you and your boss will both be happy.

[MenteL]

The injury is not extremely serious, but I still cannot walk. Im stuck in one room until I can deal with the pain associated with walking to another room. As for the oil on the floor in an oil shop comment, they failed to provide me with proper work boots like they said they were going to do, and I was forced to wear the only shoes I have.

As far as negotiating with my boss, he had no concern for my well being at all. He could care less if I chopped my hand off at work, all he wanted to know was that if I was going to be able to work so that he wouldnt have to pull a 10 hour shift that day. Straight from his mouth "I don't want to do another 10 hour shift, will you work today?". If he would have at least asked if I was alright, instead of telling me he doesnt want to work 10 hours, I would have told the doctors that I fell in my garage. However, treat me like shit, there will be no reason for me to be nice to you.

I'm not jumping ahead here, I'm just wondering what will happen and what I should do, shall he tell me that hes letting me go while I'm on med leave.

[MenteL]

Originally posted by QuasarCav
Is it worth this much hassle?


You can find work at about 500 other lube shops in the city and maybe they will be run a little better.

Employers will fuck you around and not care, WCB is getting back at them but I think it's the weak way out unless your missing a leg or something that will impact your career. Take this time to find a new job and you and your boss will both be happy.

Sure it's the weak way out, but they were late with my first paycheck by 3 weeks. Which means I had no money for 5 weeks while I waited for these guys to get their act together. Total disregard for their employees, they treat everyone like shit. Why should I help them out, when they are only going to inconvenience me any chance they get? Sorry, no.

[Bizkit]

Dude, I feel you pain.

Quit trying to get a free ride and move on. It isn't worth your time.

This sounds a lot like the windshield thread you started.

[MenteL]

Originally posted by Bizkit
Dude, I feel you pain.

Quit trying to get a free ride and move on. It isn't worth your time.

This sounds a lot like the windshield thread you started.

Not trying to get a free ride. I'm also not just going to let an employer do this to their employees. You cannot have a business and treat the people who make you money like garbage, you will be unsuccessful. Maybe this will shine some light on them.

[TKRIS]

First, how long have you been there? If you're still in your probationary term, they can fire you for whatever reason they see fit. They do not need to provide any type of reason beyond "It just wsn't working out" during your probationary period.

Second: no offence, but what kind of an employee were you? Were you ever late? Did you ever miss work and not call (or not call until after your shift had started)? Did you call in sick often?

We've fired people while they've been injured, but it had nothing to do with their injuries.
Example: Guy crushes thumb. Guy has shitty attendance record. Guy is often late. Guy has been written up for attendance before. Guy doesn't call into work while on modified duty. Despite being injured, it's still his responsibility to call us and let us know he's not going to be there. Guy is fired. Guy got what he deserved.


Kris