I was terminated from a job 8 months into it. I was dismissed without cause. They said it was due to “re-structuring” but I know it was because I was working from home more than they liked and had to go to several physio appointments and doctor visits and mri appointments due to a herniated disc in my lower back. When it would flare up I wasn’t able to sit at a desk chair, but would work from home where I could lie down. I still did the exact same thing from home that I would have from the office. I made up any time that I took off for doctor appointments etc. When they hired me I had just gotten surgery on both of my shins due to exertional compartment syndrome and it was only 2 weeks after my surgery that I started to work for them. They were fully aware that I had just had surgery and that I would have regular physio appointments. My shins healed, but because I have spina bifida occulta that was made aware to me in this last year or two my disc in my L5-S1 keeps getting aggravated and now not only is it herniated but has a tear in it. I am in a clinical trial for a new gel that can repair it, but it is time consuming and needed regular visits.
They were also aware I had a bad back.
I also have 3 kids that if they get sick or need to be picked up or anything, I am the closer parent than where my husband works, so they knew that I would miss some work because I am a working mother. But I would either work from home if I had to leave or make up any lost time working later in the evening or whenever I could.
So much to my surprise one day they just dismissed me without cause. The owner always said that he felt he needed someone to be physically at the office to work, but my job entailed of only emails and using a computer software program that worked remotely. For whatever reason I don’t know why he felt I had to physically be there, and this was right after COVID was eased and people could go back to work. It’s not like I would work a lot from home, only a couple of days here and there when I had to lie down.
So they did pay me my 2 weeks of termination pay and any remaining benefits as per my agreement and as per Employment Standards of ALberta.
They will pay me an additional 2 weeks of termination pay if I sign a “Release of Confidentiality Agreement” which I have not signed yet.
I feel I was discriminated against because of a physical injury that prevented me from being at the office 8 hours a day 5 days a week. They gave me no written warning nor did they try to make any accommodations for me to help me so that I could somehow work from the office.
I no longer have benefits to pay for medication and physio appointments, and I was absolutely humiliated by them doing this to me. I have not been able to find another job yet, but to be honest because I was so humiliated and shocked and upset at what they did, I took it really hard and spiraled into a deep depression which I am now on extra medication for because of this.
My question that I am struggling with is
A) do I have a case?
B) if so, is it worth my time and would it be financially worth it after any legal fees?
I was released approx 3 months ago and from what I’ve read online I have up to 1 year before I need to sign the release form to receive that last payment.
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Hi, You do have a case and you must issue a legal notice to your employer seeking compensation for illegal termination without assigning a resonable cause. Though ultimately the decision to retain you is their interna Plus