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I have currently been with my employer for over one year and have become ill and in the process of getting a diagnosis. My employer placed an ad looking for a replacement however, they told me that they were going to hire someone to "help me out on the days I cannot be there". They have hired someone and told them that I am leaving and that this person would be the full time office manager/bookkeeper. They are not being honest with me and want me to train my replacement and then go on sick leave. Are they legally allowed to do this? I have spoken with them several times and they keep insisting that they are not replacing me however, when speaking with the new employee, she was told that I am leaving. I'm not sure what to do at this point in time? Is there legal action I can take against them? I know that this is more of a he/said she said situation. At this point, I really don't want to work for them anymore as they are extremely dishonest and unethical and they are going to be facing legal issues with other Gov't departments. Any advice would be most helpful.

Thank you for writing to us. We are sorry to hear about the situation with your current Employer. In answer to your question, the Employer must make your position available to you if you are able to work (either with accommodation or not). Further your Employer cannot force you to go on sick leave. If the result of the diagnoses requires you to take a sick leave, the Employer is able to hire a replacement but must hold your position for you when you are medically able to return, no exceptions. If they do not, it would be a wrongful dismissal and you would be owed both severance and additional human rights damages. To see how much severance you would be owed please visit: www.SeverancePayCalculator.com. I would also encourage you to call us and book a consultation with one of our employment lawyers who will fully review your matter with you.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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