On wcb and my boss lays me off

[scottish_flame]

On September 4th I was working in a new construction home.
I walked into the house to look at the floor in the basement from the landing at the main door.,There was no stairs to the basement, just a drop about 8ft into an area ready to be poured with concrete. There was a tarp and a bunch of bags on the floor so the edge of the landing was covered.. I had a rough India where the edge was

As I peaked over the edge something I went too far and ended up falling head first down into the basement. I had some scarring and bruising on my face and a Stiff neck. My face healed up pretty quick but my neck is still a little stiff and I have been having some back pains now.

I go to see the doctor he allows me to go to work on modified duty, lifting <20lbs. As I hand my boss the doctors note he says well we don't have modified work and long and short he lays me off

I have contacted wcb and told them about what happened and they will look into it. Is he allowed to lay me off? He said I can re apply when I am 100% and might get hired back. So technically I don't have a job. Any advice from people that have went through similar situations?

[bluck]

Perhaps give this a read, sorry I'm running to hockey so I could only skim it

http://work.alberta.ca/documents/Ter...emp-Layoff.pdf

[Mr.Coffee]

Wow, that's brutal, and sounds like your company is brutal. Are you sure you want to work there anyway? I mean don't get me wrong a person needs a job if they need a job but that sounds pretty low.

[Jacks]

If they refuse you modified duties then you should be able to keep receiving WCB benefits. Stupid move by the company because it will cost them more in the long run if their WCB rates go up due to a large claim. I would contact the Labor Relations Board, sounds like wrongful dismissal.

[FFR]

Originally Posted by Jacks

If they refuse you modified duties then you should be able to keep receiving WCB benefits. Stupid move by the company because it will cost them more in the long run if their WCB rates go up due to a large claim. I would contact the Labor Relations Board, sounds like wrongful dismissal.

This is correct - WCB should continue paying you during your recovery - while you are unfit for regular work you will receive benefits from WCB - they may also be able to help you look for a new job during rehab (but it depends on where you are in your recovery).

You can also contact labour relations regardingn a termination without cause - this is outside WCB's realm but the labour board can guide you on what your options are.

[DFO]

Wouldn't it be an infraction not having a barrier set around that opening?

[scottish_flame]

Originally Posted by Mr.Coffee

Wow, that's brutal, and sounds like your company is brutal. Are you sure you want to work there anyway? I mean don't get me wrong a person needs a job if they need a job but that sounds pretty low.

I don't
I was just going to stick it out till I go to school

No overtime pay, long hours, terrible organization and the worst thing he done was taking money out of our cheques because he couldn't find a tool so he bought a new one and blamed us for losing it

[scottish_flame]

Originally Posted by DFO

Wouldn't it be an infraction not having a barrier set around that opening?

Yes

[Jacks]

Originally Posted by scottish_flame

I don't
I was just going to stick it out till I go to school

No overtime pay, long hours, terrible organization and the worst thing he done was taking money out of our cheques because he couldn't find a tool so he bought a new one and blamed us for losing it

These are also things the labour board can go after, unless you have entered in to an overtime or banked hour agreement then they have to pay you overtime. They can't just take money out of your pay either, doesn't work that way. Your boss sounds like a real dick.

[scottish_flame]

Originally Posted by Jacks

These are also things the labour board can go after, unless you have entered in to an overtime or banked hour agreement then they have to pay you overtime. They can't just take money out of your pay either, doesn't work that way. Your boss sounds like a real dick.

Haven't signed a no overtime agreement. I will be going to the labour board about the shyster

[Street Pharmacist]

Originally Posted by scottish_flame

I don't
I was just going to stick it out till I go to school

No overtime pay, long hours, terrible organization and the worst thing he done was taking money out of our cheques because he couldn't find a tool so he bought a new one and blamed us for losing it

Yeah....I can tell you for certain, that ain't allowed

[Drury18]

Have others been laid off as well? Is the job seasonal in nature where lay-off's occur?

Layoff while on WCB can be tricky and sometimes how employers screw the system because if they can prove this was "normal" for them and that work conditions required it and your time in or position would make you subject to layoff, they can win the case.

If you aren't an employee that's seasonal and you can find active job postings by the company hiring, then you can prove it wasn't a layoff and more of a dismissal which could be due to your injury.

[RougeUnderoos]

Burn this guy in every way possible.

[scottish_flame]

Originally Posted by Drury18

Have others been laid off as well? Is the job seasonal in nature where lay-off's occur?

Layoff while on WCB can be tricky and sometimes how employers screw the system because if they can prove this was "normal" for them and that work conditions required it and your time in or position would make you subject to layoff, they can win the case.

If you aren't an employee that's seasonal and you can find active job postings by the company hiring, then you can prove it wasn't a layoff and more of a dismissal which could be due to your injury.

No it's a full time plumbing job

[FFR]

Originally Posted by Drury18

Have others been laid off as well? Is the job seasonal in nature where lay-off's occur?

Layoff while on WCB can be tricky and sometimes how employers screw the system because if they can prove this was "normal" for them and that work conditions required it and your time in or position would make you subject to layoff.

If you aren't an employee that's seasonal and you can find active job postings by the company hiring, then you can prove it wasn't a layoff and more of a dismissal which could be due to your injury.

This has actually changed - WCB clarified their position in this. WCB does not have the ability to evaluate the reason for modified work being removed - it's not in their policies. So they will (should) provide benefits whenever modified work is removed. If you don't receive benefits you need to appeal. PM me if you have any specific questions.

[scottish_flame]

Originally Posted by RougeUnderoos

Burn this guy in every way possible.

Physically?

[lanny9]

Yep, take the guy to the Labour relations board, it sounds like the case is strong, he cannot legally take anything off your pay cheque without your prior consent (other than taxes and such). This part is especially bs since I can guarantee you that when he bids on jobs or sells a home he builds tool costs into any quote or cost of new home, much like a service garage. Wcb could also investigate if proper safeguards were not in place before your fall, this is where he could get a substantial fine.

Having been an employer for over 20 years I can tell you that the regulations are quite strict as to what an employer can do and what safeguards need to be taken.

[Drury18]

Originally Posted by FFR

This has actually changed - WCB clarified their position in this. WCB does not have the ability to evaluate the reason for modified work being removed - it's not in their policies. So they will (should) provide benefits whenever modified work is removed. If you don't receive benefits you need to appeal. PM me if you have any specific questions.

Out of question, when did this change? I've been out of construction for 4 years but when I was there the layoff scam was going on pretty decently still.

[PIMking]

you may want to have an MRI done on your neck to make sure you don't have a ruptured disc.

[FFR]

Originally Posted by Drury18

Out of question, when did this change? I've been out of construction for 4 years but when I was there the layoff scam was going on pretty decently still.

A really rough guess would be 6-8 months ago but I could be way off on that.