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My husband has worked for the company for 8 years, and is always given orders by management to use order pickers, or reach trucks, and lift trucks. Yesterday his spotter walked away while he was up on a lift truck, management walked by, saw he had no spotter and suspended him. We have yet to hear what the disciplinary action will be, but he does not have a license or certification to drive these trucks. If he is terminated for not following safety procedure, do we have a wrongful dismissal case based on him being ordered to carry out jobs he was untrained to do? He didn't refuse the work for fear of termination. His license expired last year, but the company did not renew it, yet continued to require him to drive these machines.
This may constitute a wrongful termination and the suspension itself can be viewed as a constructive dismissal. Please contact us at the number below for a free consultation with a lawyer to discuss your employment situation.