Deleted
Posts: 0
Apr 24, 2024 18:58:43 GMT
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Post by Deleted on Aug 5, 2015 0:34:10 GMT
Hi. It is no secret I fell and broke my wrist in 2 places and my pinky in 2 places. I had numerous casts and after consultation with a specialist we decided I should take some time off work. (I couldn't perform my duties adequately and I was in pain).
The business was forced to hire someone in my absence.
The business hired someone who fell and broke her leg.
The business hired someone else to fill in for me and the staff member with the broken leg.
The business has given me hours not at the store I was hired for (way out of town for 2 weeks). When I said I couldn't commute that far any longer they understood and "said" they would put me back on the schedule for the main store where I was hired.
They now have too many staff members at the store where I was hired. I was hired for 3 days a week (permanently) and holidays as needed (usually one statutory holiday a month). This works out to be 16 hours a week plus 4 hours on holidays.
We are not a no fault province. This means they have to have a reason to terminate someone and it never goes over well. I have taken 4 hours off one Sunday after the diagnosis of my mother's terminal cancer. I have had to miss work a couple of times (2 hours for a migraine headache and 2 days when I had the flu). I have not taken vacation time, in fact I have not taken a minute of vacation time.
Can they terminate me for being over staffed now? Are they entitled to give me my hours back? I have to check the calendar when my last day of work before going on leave and when I came back to work was. It is about 6 weeks. They were aware of the injury as I had a fairly large cast on my left arm (and the various ones I had). I could not write, fold clothing, hang a pair of pants on a hanger, lift anything as my hand was immobilized etc. It was not in my best interests or their's for me to work while injured (obviously).
I will not be using them for a reference in the future as I don't believe they would give their only family a decent reference. All I want is my 3 days of employment back. Am I being unreasonable? Are they being lawful?
Thanks.
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scrappington
Pearl Clutcher
in Canada
Posts: 3,139
Jun 26, 2014 14:43:10 GMT
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Post by scrappington on Aug 5, 2015 1:14:18 GMT
Did you get hurt at work? BC and Ontario differ I would think. But if was a personal injury then I don't think they have to accommodate you. They tried to when they offered you the other place to work at. Plus your part time. I don't know. But call the Labour Board of BC and ask.
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Deleted
Posts: 0
Apr 24, 2024 18:58:43 GMT
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Post by Deleted on Aug 5, 2015 1:16:49 GMT
No, I fell in front of my car outside a drug store below my doctor's office. I am a klutz and I fell. (I did have a good reason, but the outcome is the same). The break was totally my fault.
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Deleted
Posts: 0
Apr 24, 2024 18:58:43 GMT
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Post by Deleted on Aug 5, 2015 1:19:13 GMT
I think you likely need to contact the labour board and ask, or try wading through stuff like the BC employment standards act or check out Work BC. Hope you get it all straightened out soon. Are you looking for another job right now, or just trying to stick it out with this one?
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smginaz Suzy
Pearl Clutcher
Je suis desole.
Posts: 2,606
Jun 26, 2014 17:27:30 GMT
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Post by smginaz Suzy on Aug 5, 2015 1:19:37 GMT
I can't speak to Canada regs. And there are too many "it depends" to give much general advice.
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Post by penny on Aug 5, 2015 1:26:56 GMT
I second what Ashley said... You could also see if there is anything similar to a Human Rights Tribunal... The Human Rights Tribunal of Ontario does a good job of explaining rules/laws on their website - hopefully BC would have something similar... You could also check things like the Ministry of Labour to confirm what type of worker you are classified as, and then what laws apply... Check the BC government website - they'll have links...
Also check your provincial law society... The Ontario law society offers free (short) phone consults... Enough to figure out what the main issue is and who you'd deal with about it...
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Deleted
Posts: 0
Apr 24, 2024 18:58:43 GMT
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Post by Deleted on Aug 5, 2015 2:26:52 GMT
I wish I knew something about Canadian HR, but I don't. I could tell you about US Employment laws and protections. In the US it can depend on how large the employer is and how long you have been working there.
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Post by freecharlie on Aug 5, 2015 3:20:46 GMT
Did they put you on the loa or did you ask for the time off?
I'm a us pea so I don't know
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Post by jamielynn on Aug 5, 2015 4:46:01 GMT
Another pea in the U.S. Here.
I don't think it's likely they are doing anything considered wrong or illegal but don't know your areas specific laws.
From their standpoint:
I wonder if they can go the route that you were hired for the job/business, not location? (In the reassignment of the location)
Would you stating you cannot commute be you "refusing" the hours of "your job" from a HR standpoint to them? (Not giving you back the same amount of hours or shifts)
Would you not working at the assigned (other) location be reason for them to let you go legally?
I would be curious what the proper means would have been from their side. They have a job that needs doing, the employee hired for it has stated he or she cannot complete said duties of the job, and other employees cannot cover the responsibilities. Therefore they hired someone to do the job that needed doing.
Is it common there to hire temporary help then let them go after the employee returns?
In the U.S. There are so many variances. We have federal laws, some states have laws, I believe counties and cities in some cases may have laws; some sectors of business have laws ...
In the U.S. Employers that are large have employee protection in these situations in some cases (smaller do not legally but many still follow them).
For example if it were a large enough employer here they would have to offer you a "like" position upon your return. Here that could mean many different things. Definitely no change in wage or benefits but it could mean working different shifts on a different team, or even a different (reasonable) location that doesn't require relocation.
If an employee is critical, they may go from a manager to an employee after a leave, as an employer could state they are too critical to the operation of the business to go without (for something longer term like weeks or months) if others cannot cover for them. The same could apply to any member of a small in size team of a large employer.
The employer could hire the position but wouldn't be required to do it temporarily or to let the replacement go so the original employee can have the original job back. The employee would get a job back but the employer wouldn't be required to create an additional management position (or shift) for them to return to.
In my experience generally if the employer had multiple staff they would ask others to split shifts or job responsibilities while someone were out for medical leave. I have seen where people return back quickly on a lesser time basis to ensure no change in job responsibilities while on leave - but that's more a team situation not where one person is left alone to do a job as it sounds you are.
The above is general and slightly rusty as I'm not currently working HR in regards to this type of thing.
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Deleted
Posts: 0
Apr 24, 2024 18:58:43 GMT
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Post by Deleted on Aug 5, 2015 5:42:26 GMT
Did they put you on the loa or did you ask for the time off? I'm a us pea so I don't know I took in an Rx that said "Elannah is to take time off from work from June X day until July X day. Signed Elannah's Specialist, MD." I took in another Rx that said Elannah is fit to return to her normal duties in all capacities and aspects of the job. Signed, Specialist, MD". I did not ask for the time off. I worked as long as I could until my hands hurt too bad and it was too much pain. (I got the immobilizing cast off and my fingers were useless as they had stiffened up and I had to learn how to write and eat etc all over again). I don't know either.
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Post by anniefb on Aug 5, 2015 5:49:43 GMT
It depends on employment laws in your province and on your contract eg is there a clause saying they can change your location or restructure other aspects of your role? Is there some general duty of 'God death' dealings in employment negotiations?
I would find an employment lawyer.
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basketdiva
Pearl Clutcher
Posts: 3,611
Jun 26, 2014 11:45:09 GMT
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Post by basketdiva on Aug 6, 2015 17:19:47 GMT
You've asked other HR questions and keep getting the same advice- talk to a expert in the field.
My 2 cents- I've never heard of anyone in retail having a contract so I would think that you were hired as an employee of the company and they can assign you where needed and you either accept that assignment or move on. In your case, from other posts on this emploer, I'd move on. Not worth the stress and anxiety all the "what-ifs" seem to cause you.
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georgiapea
Drama Llama
Posts: 6,846
Jun 27, 2014 18:02:10 GMT
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Post by georgiapea on Aug 6, 2015 17:44:15 GMT
It seems to me that the person with the shortest length of time with the company should be the one moved to the out of town store. Seniority with the company should be considered the deciding factor. But I don't believe your store owner cares much about what is 'right'.
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