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FOR EMPLOYEES
FOR EMPLOYERS




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I am ultrasound technician.Last October, I experienced shoulder and elbow pain because my boss kept booking and squeezing in too many patient cases for me to do within a short period of time.
After I filed my complaint, the manager verbally threatened me to sign an independent contractor’s agreement saying that I am not a worker but an independent contractor. She said that if I didn’t sign the contract I am not allowed to work anymore. I believe that I signed the contract under duress and the contract should be void. WSIB assessed my status and sent me and the boss clearly saying that I am a worker but not contractor. But afterwards, the boss emailed me and asked me whether I wanted to be a worker, or contractor. I was thinking WSIB made it clear, why he asked me again, so I told him it is up to him decide.

On Tuesday of this week, I complained to my bosses and manager about this work related injury, and requested working less hours to ease my pain. They refused to accommodate my needs and sent me a termination letter for April 21. I couldn’t sleep for the night, felt dizzy, and I was still experiencing my elbow pain, so I called in for a sick day. I went to the doctor to see my elbow pain. My boss tried to force me to work for today, saying that he did not know about my elbow pain, which he actually does know because I complained multiple times before. He threatened and forcibly said that I don’t have elbow pain therefore I should be responsible for his financial losses for my taking a sick day.

It absolutely sounds like you are an employee who is entitled to notice and/or severance, just like any other terminated employee in Ontario. Additionally, their refusal to accommodate you constitutes a violation of your human rights. Please contact us at the number below for a consultation with a lawyer to discuss your employment situation and entitlements.
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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