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I have medical restrictions that my doctor says allow me to work. My employer appears unwilling to schedule me because they prefer employees who can perform all job duties without restrictions. I am willing and able to work within my restrictions. What rights do I have regarding accommodation, return to work, and continued employment? If the employer chooses not to provide work because of my restrictions, what are my legal options and could I be entitled to severance or other remedies? Are they legally required to accommodate my medical restrictions, or can they simply choose to give work only to employees who can perform the full job without restrictions?

Employers have an obligation to accommodate employees with disabilities to the point of undue hardship. More information is required about your requested accommodation, the supporting documentation from your doctor, and your employer’s position regarding accommodation. Depending on the facts, you may be entitled to severance and/or damages.

We strongly encourage you to contact us to set up a consultation with one of our employment lawyers, who can fully review your circumstances, provide you with guidance and advice regarding your workplace rights, and assist you in navigating the situation in a manner that best suits your goals.
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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