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Hi I was employed with my employer for over a year. I worked at a fast food restaurant which required long periods of standing. I informed them that I had to do knee surgery from a previous injury. While on leave I received a call from HR asking when I planned on returning, I advised that I was starting school September (2017) and that I would only be available for 3 days a week. A few days later I was informed that they wouldn't be able to give me a part time position because they needed someone full time. The establishment I worked for has 7 restaurants under their belt. They didn't even try to accommodate me. I was willing to travel to which ever location they needed me at. I was never informed of being fired. What are my options?? There has also been alot of unfair treatment in the workplace as well.
Generally an employer has a duty to accommodate you if you have a disability (such as physical limitations due to knee surgery). Failure to make reasonable accommodations, if they were shown to be medically necessary, could result in a human rights complaint against the employer. However, an employer does not have a legal duty to accommodate you because you are a student and request part-time work. If your employer is currently refusing to accommodate you with respect to physical limitations you may be facing due to your knee surgery, you should contact our office to schedule a consult with one of our lawyers so we can better review your matter and assess any entitlements you may have.