How legal is this?

[Auric]

At my "present" place of employment..where i have not worked for 2 months due to the fact I had 2 surgeries, after the 1st one, in a few weeks i was fine to go back to work..no probs called and the said they would call when they needed me. which would probably be when schoool ended. I had a second Surgery June 7th, im fine now and they still have not called me?

[Radical Dreamer]

Seems legal, but not ethical

[CreepingDeath]

First of all speak to your boss and find out WTF is going on , not sure if this is legal ( did you sign a contract or was the promise that you would return to work just by word of mouth? ) but then again maybe your boss just forgot to call you.

Hope you find some work man , im checking the employment section myself.

[pm4345]

Since you are in Canada I don't know the legalities of over there, but in USA I don't believe that surgery is a federally protected status. There are exemptions from this such as pregnancy and family death etc, and in some situations like above, there have been federal and state guidelines set in the US. I would contact your local Public Defenders office, or do a search on the internet regarding medical leave in Canada.

Someone made a good suggestion that you should simply go in person and talk to your (ex?)boss and find out frankly what is going. Don't be accusive, just ask him to be frank so you have a definite answer and can move on accordingly. Just in case he forgot, you can save face.

Otherwise, Good luck.

[jimmr13]

Labor Law You can not be terminated while on medical leave, But You may be terminated appon release from that leave.

You may want to consult with the NLRB (Union Worker)or The Fair Housing commission Labor Div. (non-Union Worker).

Canada I have no Idea?

[SavagePenguin]

From what I understand unless there's a contract, or maybe a union, there's not much you can do.

If your part time they can simply not give you hours. Companies can fire part timers for pretty much any reason. If you're part time, you're out of luck.

If you're full time I think they have to wait until you return from leave before they can fire you.

Keep in mind, if the company wants you gone, they're going to get their way. Unless you have a contract they can mess with your work hours, change your job description, lower your pay, etc. until you quit or give them an excuse to fire you.

Oh... firing people is a hassle for companies. There's generally a bunch of extra paperwork, a chance of being sued, co-worker resentment, etc. Unless the employee is a major pain in the butt, they'll often encourage the employee to quit with the tactics I mentioned earlier.

[Auric]

good news is i talked to the service manager unfortunatly my boss was on holidays (till wednesday) but he said everything was ok, and he would talk to my boss for me.... work is starting to pick up in the service dept.