Employer Being Forced to Rehire- Worth it?? - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Duruss · 11-21-2014, 01:34 PM

Howdy all,

I need the often insightful thoughts of CP. I am going to have to leave some details out. About a month ago I was hurt at work, nothing very serious, but enough that it needed treatment and I had to do modified duties at work The injury was reported to WCB.

On November 10, I went to a follow appointment at the clinic my employer told me I had to go to. At the appointment the Doctor put me on another two weeks of light duty, I then turned in the report to my employer as required when I got back at 1:30(we work from 7:00-3:30). The next day, November 11, I was called into management at 9:30 where I was told I was being terminated; The reason they cited was a lack of skills, I absolutely do not believe that my skillset was deficient.

I took the news graciously and thanked them for the opportunity, got my gear and left. The next day I called WCB to find out what would happen to my claim and what I should do. I was still recovering and as such I could not see a new employer wanting me, I couldn't not disclose my injury as I believe that would consitute falsifying my abilities which is grounds for immediate termination with cause. I also couldn't risk having to make another WCB claim for the same injury.

WCB asked me lots of questions and then said they would get back to me, I hadn't done this before so I had no idea what was going on. When they did they asked me about my job duties and if I would be willing to go back to work with my employer if my employer would take me. I told them that I was unsure as I no longer trusted them, they had terminated me while I was injured, less than a day after learning I needed to continue doing light duty, this also happened only three days away from the end of my probation and activation of benefits.

And so this morning I get a call from my employer asking if I would like to come back. I would have to start my probation over again, I would also have to sign a modified work agreement that they are making. Plus rather than being with my former colleagues I would have to go to a different location that I am unfamiliar with. I have accepted, but I am beginning to think it unwise.

I know that if I refuse my WCB claim will be closed, I am fine with this since I have everything I need to continue recovery at home. My injury has in fact been healing faster since being terminated as I am not using it so much. I am also aware that my employer is being forced to rehire me until I am cleared for regular duties at which time they will likely terminate me again as this is a major loss of face for then. On Monday I have an appointment with some specialists that WCB has referred me to.

My question is should I bother, I am being isolated from my former colleagues, it is likely to be a hostile environment, and last only two weeks to a month. Now I do need about 80 more hours to qualify for EI, but that could all be rendered moot by what is put on my ROE. I also would be working in an location that has poor air quality and I was already bothered by the first locations air which had fewer welders. As such I see little value in the potential mental and physical toll that returning could take on me.

Locke · 11-21-2014, 01:40 PM

So WCB is basically blackmailing your former employer to take you back just so you can get enough to qualify for EI?

As soon as I read the words 'modified work agreement' my initial instincts are to tell them to pound sand.

BlackArcher101 · 11-21-2014, 01:45 PM

Based on what you said, I wouldn't waste my time going back. You'll be gone as soon as they are allowed to get rid of you.

AcGold · 11-21-2014, 01:49 PM

If you're intention is to stay long term try to get a sit down with a manager and have them tell you exactly why you were terminated. If you can communicate the proper attitude and a willingness to learn you could turn the tide in your favor. That's if you want, taking it on the chin, smiling and showing up to work hard and learn would go a long way to mend the fence. I wouldn't go back without clearing the air with a manager first.

Igster · 11-21-2014, 01:50 PM

Move on. The relationship is over.

Locke · 11-21-2014, 01:51 PM

Quote:

Originally Posted by BlackArcher101

Based on what you said, I wouldn't waste my time going back. You'll be gone as soon as they are allowed to get rid of you.

This.

Resolute 14 · 11-21-2014, 01:56 PM

Quote:

Originally Posted by BlackArcher101

Based on what you said, I wouldn't waste my time going back. You'll be gone as soon as they are allowed to get rid of you.

Basically gives the company exactly what they want. Though it does seem to be the best solution. Unfortunately, some of these companies are incredibly shady in how they treat employees. Sounds like you got stuck with a bad one. Heal up, find a better place to work.

If I were in your place and had the capability and wanted to be vindictive, I'd see if an employment lawyer could force them into not resetting the probationary period, thus forcing them to owe benefits for terminating you.

Cflames_12.5 · 11-21-2014, 02:01 PM

If you can find a better paying job in your field move on. If you were getting good money and would have a hard time finding new work then stay. Just put your head down do your job the dust will settle. You spend more time with your co-workers then you do with your family people will get over things. I was on WCB before I hated light duties. My co-workers thought I was faking and it sucked.

Canehdianman · 11-21-2014, 02:02 PM

Yeah I wouldn't let them reset the probationary period at all.

Barbecue · 11-21-2014, 02:08 PM

Why go back?

Lawyer up and sue them for wrongful termination

troutman · 11-21-2014, 02:16 PM

Quote:

Originally Posted by Locke

So WCB is basically blackmailing your former employer to take you back just so you can get enough to qualify for EI?

Is WCB acting unethically?

http://www.wcb.ab.ca/public/conduct.asp

WCB–Alberta, expects its board members and employees to conduct our business in a way that:

Reflects the core values and principles that provide the guidance by which we make ethical decisions; and
Upholds the behavioural standards that show how these values and principles are applied and practiced.

Tron_fdc · 11-21-2014, 02:21 PM

I'm pretty sure you can't terminate someone on WCB. Could be wrong, but as soon as your WCB claim kicks in you collect insurance until you're healthy.

Your employer is also being a little sly here. If you don't show up for a position you already accepted, you quit in the eyes of the law. Not only do they get rid of your WCB claim, but also any future liability you may be entitled to (cash wise).

As an employer, the worst thing someone can do in your situation is show up, do the bare minimum to avoid getting fired, and generally be a major PITA. If they terinate you it better be with cause. HOWEVER you may be starting over (seniority wise) and if there is a probation period you will likely get canned the second you show up.

I don't think you can reset seniority either. Maybe if the employee agrees to it, but why would anyone do that?

Locke · 11-21-2014, 02:27 PM

Quote:

Originally Posted by Tron_fdc

I'm pretty sure you can't terminate someone on WCB. Could be wrong, but as soon as your WCB claim kicks in you collect insurance until you're healthy.

Your employer is also being a little sly here. If you don't show up for a position you already accepted, you quit in the eyes of the law. Not only do they get rid of your WCB claim, but also any future liability you may be entitled to (cash wise).

As an employer, the worst thing someone can do in your situation is show up, do the bare minimum to avoid getting fired, and generally be a major PITA. If they terinate you it better be with cause. HOWEVER you may be starting over (seniority wise) and if there is a probation period you will likely get canned the second you show up.

I don't think you can reset seniority either. Maybe if the employee agrees to it, but why would anyone do that?

If they didnt know. They'd agree, and like you said, be instantly canned and by then its too late.

BlackArcher101 · 11-21-2014, 02:27 PM

Quote:

Originally Posted by Barbecue

Why go back?

Lawyer up and sue them for wrongful termination

Is it though as he was in the probation period? Grey area I think, and is it really worth going to court over for a job you likely don't want anymore and only had for a few months?

Locke · 11-21-2014, 02:28 PM

Quote:

Originally Posted by BlackArcher101

Is it though as he was in the probation period? Grey area I think, and is it really worth going to court over for a job you likely don't want anymore and only had for a few months?

They'd never see the inside of a court room. They'd can him, throw him a few weeks' wages and wash their hands of the whole thing.

Cflames_12.5 · 11-21-2014, 02:43 PM

It should be a easy decision if we are talking about a career path. If the money and potential of an awesome pension is there suck it up take your blows and carry on. If we are talking about a job that gets you week to week then cut ties there are lots of jobs to be had.

Tron_fdc · 11-21-2014, 02:43 PM

Quote:

Originally Posted by Locke

They'd never see the inside of a court room. They'd can him, throw him a few weeks' wages and wash their hands of the whole thing.

Which is probably better than walking away with nothing.

I think I would probably go back to your employer (if you can, not sure seeing as you already accepted the new position) and ask for 2 weeks wages to walk away or you're going to push it with WCB and possibly a wrongful termination with employment standards. Although it MIGHT be possible to can someone who hasn't finished their probation period and is on WCB, I'm not really sure. I've never seen that.

You may have already screwed yourself by accepting the new position though, so all of this may be moot.

BlackArcher101 · 11-21-2014, 02:48 PM

Give Employment Standards a call and see if they are allowed to terminate with an active WCB claim in a probation period.

1‑877‑427‑3731 (Toll-free)

Locke · 11-21-2014, 02:49 PM

Quote:

Originally Posted by Tron_fdc

Which is probably better than walking away with nothing.

I think I would probably go back to your employer (if you can, not sure seeing as you already accepted the new position) and ask for 2 weeks wages to walk away or you're going to push it with WCB and possibly a wrongful termination with employment standards. Although it MIGHT be possible to can someone who hasn't finished their probation period and is on WCB, I'm not really sure. I've never seen that.

You may have already screwed yourself by accepting the new position though, so all of this may be moot.

Honestly, unless the guy is making killer money he'd wind up just having to endorse that cheque to his lawyer and still walk away with nothing.

Employers bank on it.

Tron_fdc · 11-21-2014, 02:51 PM

Oh, and if they are re-hiring you with the sole intent of firing you that's called constructive dismissal, which is also illegal.

Again, not sure how that would work if you accepted to be re-hired with no seniority, and on full probation. Employers can get rid of you for no reason whatsoever in your probation period.