I was diagnosed with bi polar II disorder 10 years ago and have been able to maintain employment over that time. Recently I have been working for a company for 6 months. In November my depression got severely worse and I asked to go from working 5 days a week to 4. My manager said that I would have to bring in a doctors note saying that I did infact require some extra time off. So I went to my family doctor and had her write a note, which I still have. She handed the note off to the owner of the companys sister who plays the role of HR manager. She promptly asked to see me in her office and I went along not expecting what was about to happen. She demanded an explanation as to what this note was all about. I told her that I did have depression and due to the fact that every November for the last 6 years (since my dad died in November) that my depression would get pretty bad. I told her that it was a medical condition and tried to explain to her what this meant in relation to my work. She wouldn't let me explain after she heard the words bi polar. She continued to tell me that I was unreliable and not dependable and this note was just an exscuse.She went on to accuse me of taking lots of sick days (which I asked her to show me because that is very untrue, and she never showed me any proof) and saying that she couldn't "shut down the office just because I had an episode". I went to work that day after leaving her office extremely shocked at the reaction of the so called HR manager. So I called her up after a few hours when I had a chance to calm down and asked her if I could meet with her, the company lawyer, and my manger so we could discuss what had just happened. She didn't want to hear it and just said no i had to talk to her over the phone. Over the phone I tried to explain to her that her knowing abourt my condition wasn't going to change anything, it just meant that I needed an extra day off per week as I had been working a rough schedule of 6 days on 1 day off, 5 days on 1 day off, etc...she proceeded to tell me that she didn't have many options and didn't know what she was going to do with me. She said "This must have something to do with you being off probation...I don't know what I'm supposed to do, I would fire you but I missed your probation by 2 weeks....I'm going to cut your hours down and make you a floater and hire someone else full time to take your place, this note shows me that you are unreliable and that we as a company can't count on you". Since then she hired 3 new girls who were supposed to be part time because once I started to feel better I told my manager that I was ready to work 5 days again as long as I could have 2 back to back days off (i didn't even care which days they were as long as they were consecutive).... I was back on for 4-5 days a week while the new girls were training and was switched to only closing shifts... now that the new girls are all trained she has cut me down to 2 short shifts (5-6 hours) per week. I am so confused as to what to do and what my legal rights are and this isn't the first time I've experienced discrimination but it is the first time it has been so open.... I'm in British Columbia, CanadaThis can't possibly be legal? Help Please?
You have a complaint that should be taken up with the Ministry of Labour in BC. It's going to be a touch one because no matter what you do, this person seems to have a problem with you that probably won't go away any time soon. As with all personal grievances and 'claims' made by employers (that are not true) you must document, document, document.
For your rights as an employee, I've provided some information and links that should be of some help. It's all on the web, so it was easy to find. Seems somewhat similar to what we have in the U.S. Contact the Ministry of Labour for British Columbia...
Here is their statement on Resolving Disputes:
Employers and employees are encouraged to resolve disputes themselves. The Director of Employment Standards can refuse to investigate a complaint if an employee has not taken steps to resolve the problem themselves. This includes using a Self-Help Kit...
(http://www.labour.gov.bc.ca/esb/self-hel鈥?/a>
...that is available on the Internet and at all employment standards offices.
If a dispute cannot be resolved using the Self-Help Kit, complaint forms are available at employment standards offices and on the Internet.
The Employment Standards Branch may help employers and employees try to reach an agreement before the branch issues a decision. If the parties agree, the 鈥楽ettlement Agreement鈥?is binding on the employer and the employee.
Here is the link to a fact sheet you ought to read:
http://www.labour.gov.bc.ca/esb/facshts/鈥?/a>
Here is a link to contact addresses of various Ministry of Labour offices:
http://www.labour.gov.bc.ca/esb/contact/鈥?/a>
Hope this helps! Good luck in your resolution!
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