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I have been employed with a security company that is classified as federal under the labor board standards and guidelines. I have been off on medical leave due to an injury and medical issue that happened while i was on their work site. i had been working with this company for close to 2 years now and have a been stationed at one site in particular for a while. I had been given the full time position at that site after i was next in line for it and had been in that full time roll for about 2 weeks on that site before i was injured. This happened on March 5th 2017. I have been told by employer and the HR Manager that i would be going back to that site and that was the plan once i was written back to work. I had recently been written back to work as of the 18th of May 2017 and had been in contact with my employer and confirmed this with them. I had been calling everyday and looking to speak to the case manager who handles the site i was full time on regarding when i would be returning to my full-time position there. I was told that by my case manager today May 24th 2017 that he permanently filled my position there and now has no full time job for me to return back to and has no full time positions available. I had advised my case manager that this was not permitted as he had also never put in place a return to work and never offered any modified duties and never offered to help with anything to promote my return to work. I have been ready and waiting for work to start and for my call to go back to my job roll there. I have also not been given any other offers of full time employment postings as well anywhere. I had sustained injury to my knee for the medical reason and had been seeing several doctors from my ow family physician, a surgeon and a nerve specialist as i had pinched nerves which were in my foot due to this injury taking place on their work site and now i am out of a job there. what i am looking to find out is how do i proceed with this as an employee and can i get compensation for this? also does my employer have to legally hold my position and give it back to me as i have been told all along by the HR manager that the plan since the day of my injury was to return me back to that site when i recovered and back to work.

Thank you for reaching out to our firm. My name is Kyle Shimon and I am a employment lawyer.

It sounds as though you have been constructively dismissed, which would entitle you to notice of your termination or severance. In addition, you may also be entitled to other damages for the manner in which you have been treated coming off of an injury. That said, these are complex and very fact-driven matters. I would highly recommend that you obtain legal advice.

Please feel free to e-mail me at kyle.shimon@stlawyers.ca so that we can set-up a time to discuss your matter in greater detail.
The Lawyers at Samfiru Tumarkin LLP
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