Question and answer
Ask your question and a Long-term Disability Lawyer in Canada will answer in minutes




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


I’m looking for some legal guidance about what’s been happening at my job.

I’ve been with my employer for almost 13 years (I work in customer service for a railway). I’ve struggled with mental health issues for the past 3 years — bipolar disorder, treatment-resistant depression, and anxiety. I was off work twice on STD and LTD: the first time for about 5 months, returned for 2 months, then off again for around 9 months. my return date was feb 2025 been working full time since

When I returned, my shift was changed to 6:30 AM with an added commute time of 30 min each way. 60 kms away from home, used to work 12kms and 730-330pm. I didn’t have 5:30 AM childcare, so I requested accommodation. They allowed me to start at 7:30 AM temporarily while I tried to find childcare. Since then, I’ve been required to attend biweekly meetings since May to update them on my childcare search, which has been stressful and unsuccessful as finding someone qualified for 530am is nearly impossible. Since this was heading to arbitration work decided to change my shift to 730-330 and unhappy about that change they have now been creating more obstacles for me .

Recently, my manager (new since May) has started documenting me for being 3–4 minutes late a few times and for logging off my computer a few minutes early. They’ve now called a formal meeting with my union rep to discuss “time theft.”

I feel like I’m being targeted or pushed out because of my prior medical leave and accommodations. I have no prior discipline or complaints in 13 years, and all this started after the new manager came in.

My questions:

Could this be considered harassment, discrimination, or reprisal for my disability or taking medical leave?

What kind of documentation or evidence should I be keeping right now?

Should I be talking to an employment lawyer directly, or wait to see how the union handles it?

Is there any risk in attending this “formal meeting,” and what should I say (or not say)?

Any advice or direction on what steps to take next would be greatly appreciated.

I'm sorry to hear what you're going through.
Unfortunately, because you are unionized, this must be addressed by your union and your union representative. External employment lawyers do not have the jurisdiction to get involved so we cannot get involved or answer your questions.
If, however, you require further assistance with any STD, LTD, we may be able to assist with that, so please contact us again and we'll try to help.
The Disability Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-888-990-9646     Email: help@disabilityrights.ca     Web: www.stlawyers.ca
Leave a comment