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Old 06-03-2010, 08:57 PM   #1
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Question re bad workplace situation..

Going to make this as short as possible, can provide more details if needed.

I left my job for 2 months to go over-seas, but had an agreement with my employer to rehire me upon my return. Close to my return, my employer emailed me asking me if I wanted to go into a different position on my return, I said no due to a knee injury I was recovering from and that I wanted to stay in the position I left from.

So I was re-hired into my old position with my Employer fully aware of my condition and my inability to abuse it.

Anyhow, 2 months later, they've been making me do the other position and I pulled a muscle due to working this other position.

Can I be laid off from my job due to my physical inability to do a job that I wasn't hired to do?
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Old 06-03-2010, 11:58 PM   #2
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I don't know what legally can happen or not. but I think you should give Worksafe BC a call. they can probably help you out.
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Old 06-04-2010, 12:07 AM   #3
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According to the employment standards, A person cannot be refused work, promoted, fired or forced to work under different conditions because of physical ability

i dont know if that applies to you or not.
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Old 06-04-2010, 03:47 PM   #4
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I highly doubt you can get laid off by your physical inability. In fact, if you are unable to perform that duty due to you pulling a muscle at work, you should tell that to your employer and make a note of it. They shouldn't be telling you to perform it since you already have an injured knee.
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Old 06-06-2010, 05:13 PM   #5
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They were fully aware of the situation before they hired me.

Thanks Ghostrider, that's what I needed to know!
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