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Hi, my company has just suspended me without pay after I was not willing to sign a waiver so that a third party could access all of my health records, medicines, doctors I have consulted.

I provided them with a certified medical certificate detailing my condition, limitation to work etc, but they requested a referral to a third party to assess my ‘eligibility of sick leave’. My employment contract only states that I have to provide medical information when I am unwell for more than 5 days and did not mention anything about that it needs to be assessed by a third party first.

I don’t want to sign a consent form for this third party to access my full medical records due to my privacy concerns. According to this third-party’s website they would be allowed to own my records and would be able to sell/ share it with whomever they want. I adjusted the consent forms so that it is pursuant to privacy and medical information laws, but this third party rejected this stating that the consent in not pursuant to any privacy laws.

I have told me employer that I would assume this suspension as a termination citing constructive dismissal and they said “good luck”.

I'm sorry to hear what you're going through. If you are non-unionized, I recommend that you contact our employment law team ASAP at 1-855-821-5900. If you are unionized, you should speak with your union representative.
The Disability Lawyers at Samfiru Tumarkin LLP
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