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my husband went on short term disability last year as he is battling a mental illness. There were several inicidents at work where he was disciplined for aggressive behavior after confrontations with co workers so he went on stress leave which resulted in short term disabilty. His employer expected that he would continue on with long term disability but he got a doctors note that he is safe to return to work and fullfilled all the requirements laid out by his employer and returned to work. There was a return to work plan implemented by a "back to work specialist" ( the company physiotherapist ) that was unsuccessful. My husband was not seprated from the co workers he had a history with and there was another incident where he was confronted by an authority firgure who then falsley accused him of threats of violence. There was an investigation and my husband was found guilty and put back on short term disability again by his employer claiming he is putting employees and himself at risk of violence and harassment in the workplace requiring him to see a specialist before returning to work.
My husband was put on a waiting list to see a psychiatrist last year and is still waiting. He has been working closely with his doctor to ensure his medication is working for him but he does not pose a safety risk as he has never hurt anyone or himself which is why his doctor cleared him to work. His employer is supposed to ensure he returns to work and does not aggrevate his injury/condition but they failed to provide him with this by returning him to the exact situation ( his current shift and co workers) that caused him to go off on stress/medical leave in the first place. Even after he requested to move shifts ( knowing that would solve his work problems) and he was told it might be an option but it never was.
He feels it is such a hostile environment he is unable to return to work as he has tried and is being targeted by co workers due to his condition he is battling and his employer is making it difficult for him.
His options are to quit or go on short term disability.
He is debating if it is worth calling a lawyer but not to fight for his job but to protect himself or any further employees from the same discrimination he has been experiencing. Any legal advise as to the next steps would be greatly appreciated.
thank you
Hello Melanie,
It sounds like your husband has been discriminated against on the basis of his disability, which constitutes a human rights violation. However, your husband's matter appears to be very complicated and multi-faceted. We would need more information before we could properly assess your husband's matter and provide you with legal advice. Please contact us at the phone number below for a consultation with a lawyer to discuss your husband's employment situation and any potential remedies that he may have.
It sounds like your husband has been discriminated against on the basis of his disability, which constitutes a human rights violation. However, your husband's matter appears to be very complicated and multi-faceted. We would need more information before we could properly assess your husband's matter and provide you with legal advice. Please contact us at the phone number below for a consultation with a lawyer to discuss your husband's employment situation and any potential remedies that he may have.