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I have worked for a truck dealer as a shunt driver since August, 2019. I moved trucks to/from customers, dealerships and truck body installers. I will be turning 80 on May 29, which requires me to renew my DZ drivers license (an MTO requirement). I am in excellent health and very capable to do this job and would like to continue for a period of time as long as possible. My employer refuses to supply me with the necessary equipment/truck with air brakes to meet this obligation under MTO. It is common practice by trucking companies to supply the necessary equipment for such instances but it is not a common occurrence as many employees may not reach this stage of employment. It is not in any policy of the company. The new manager states not wanting to “set a precedent”. However, as stated, it is very unusual for this to be a requirement of workers as only age triggers the necessity to retest for drivers license. I have exhausted all avenues for obtaining a truck to do my test. Leasing companies only lease to businesses and other companies with the necessary trucks cannot rent/loan to me since I am not an employee and not covered by their insurance. I believe this is a case of constructive dismissal or age discrimination as there is no reasonable reason for denying me access to the necessary truck for retesting and continued employment.
Thank you for your inquiry. A unilateral change by your employer to the terms and conditions of your employment may amount to a constructive dismissal. If your employment is impacted in a negative manner as a direct result of your age, you may be entitled to severance and potentially other damages. However, we will require additional details to properly assess your situation. Please contact us at the number below to schedule a formal consultation.