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So I had a family emergency Friday May 25th and was at the hospital until 1 am. I informed my employer around 12 am that I would not be able to be in for my shift as I could not leave the family member alone. The employer has said this is not a real emergency and waited until I asked them on Friday June 1 at 4 pm if I was coming for my shift tomorrow (saturday june 2 11 am) they porceeded to tell me no unless I brought a note from the hospital regarding the personal issue of the family member. In the end I now have no job and am wondering if I can file a wrongful dismissal claim with the labour board? I have been on and off with this employer for the past 13 years. I have been back with them since January 2018.
Thank you for your question. You are allowed personal emergency leave under the Employment Standards Act, and the company is not necessarily allowed to ask for a doctor's note, so this may be considered a wrongful dismissal. We would want to know more about your history with the company, so that we can give you a better idea of your severance entitlements. Please give us a call at the number below to schedule a consultation with one of our experienced employment lawyers in Ottawa. We would be happy to help in any way we can.