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I I have been working for a private company for 12 years, my driving time is 1 hour each direction depending on traffic. In 2014 I had both my hips replaced. After my hips were replaced I returned to work 3 days a week and worked remotely at home the other 2 days. Initially I tried 5 days but it was too much, especially the driving time. My employer is not happy with this and says my job requires me to be physically at work 5 days a week. They have asked if I would sign a resignation letter dated 01 Oct 2016. They said they are giving me 4 months to find a new job. but I also know that this is a very busy time of year and I am needed so that is most likely the reason why they are waiting until Oct. My main question is, would I qualify for unemployment insurance if I sign? If I don't sign, do they have just cause to fire me? There are so many things I cannot do now that realistically finding a job would be difficult. I am not disabled according to my doctor, I just have pain that is manageable.
First and foremost, you absolutely should not sign the letter of resignation. While it will impact your application for EI, the fact also remains that you have been wrongfully dismissed and may have significant entitlements. You may also have a claim under the Human Rights Code for their failure to accommodate your physical impairments. I strongly urge you to contact employment counsel at the number below so that you can determine the extent of your entitlements and figure out how best to move forward, while best protecting your interests.