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I went on medical leave post surgery, in April for a specified time of 8 weeks. 1 week prior to returning, the doctor added an additional 2 weeks time off (making for 10 weeks total). My company would not accommodate modified work at the beginning of my leave (due to budget restrictions), hence the 8 weeks off. I was cleared to return to work on July 3rd, however, was called on July 2nd and told I no longer worked there. I was told that they heard I'd quit, so they issued my ROE (with reason for leaving as 'quit') and paid my vacation pay (with no other additional remuneration). I was also told they didn't know when I'd be returning and they could no longer hold the position for me and that my replacement had already been hired (despite multiple emails to the company telling them my return to work date). I did not resign my position and planned to return to the job. What are my next steps?
Thank you for your question. My name is Stephen Gillman and I am an employment lawyer at Samfiru Tumarkin LLP. After reviewing your question, it is clear that you have been wrongfully dismissed. Further, the company's actions may amount to a violation of your human rights. I would be happy to provide you with a free and confidential consultation. Feel free to contact me directly at stephen.gillman@stlawyers.ca so we can set up a time to speak.