Add Comment Question: I was on medical leave and prior to returning was dismissed for misconduct. The charge of misconduct was unsubstantiated and the employer refused to provide proof. Employment Insurance overturned the dismissal and awarded me regular EI benefits. I have two options open to me; either damages for wrongful dismissal (I am 60 yrs old and live in a rural area), or general damages for a Human Rights violation as the employer did not consider me "sick", and was angry that I left on medical leave. They decided to keep the person who covered my sick leave rather than have me come back. I would prefer to be paid out as general damages and avoid losing the payroll taxes, is there a way to support this? Answer: Given your situation, you can pursue both wrongful dismissal damages and human rights damages simultaneously; there is no need to only chose one option. Please contact our firm to discuss the matter in more detail and allow us to explain how we can assist you in this regard. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.