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I am a bus driver and had a restriction put on my license because I took a blow to the head and it caused me to suffer from a vestibular problem. I was modified for a year doing a portion of my work the clerical work I am also a driver trainer. I was told in June 2018 there was no more modified for me and I needed to go on medical leave I did but was cut off my 15 weeks EI because they stTed I should have still been on modified. I kept the company up to date of any changes to my drivers license. I advised the safety manager on Aug 20/ 19 the MTO have suspended my license for medical reasons. I received through regular mail a week ago a letter of termination stated I have not communicated with them since I left I. June 2018 and because I have a licence downgraded to a class G. I still hold a B licence however it is suspended. I feel I have been terminated unfarely. If I contact them and the offer me my job back on medical leave do I have to take it. The letter states my termination date is Jan 6/20
Given the facts of your particular situation, it is difficult for us to provide you with an accurate assessment of your matter through this online forum. The circumstances surrounding your termination definitely sound suspicious, and you could be entitled to severance pay as well as additional damages stemming from the employer's breach of the Human Rights Code. Whether you would need to return to work if they call you back is something that has to be assessed on a case-by-case basis. I highly recommend that you contact the number below to speak with one of our employment lawyers so we can further discuss this matter with you and determine the best course of action for you to take.