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Unsafe to work?

  • Last Updated:
  • Apr 11th, 2020 5:49 pm
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[OP]
Newbie
Apr 7, 2019
82 posts
16 upvotes

Unsafe to work?

Hi my job involves traveling to building all across onatrio apartment buildings etc. Working in tennants units and comman areas as a technician.

My work placed me on layoff due to covid 19. Its been 1 month now and since the goverment released info about 75percent subsidy they trying to ask around to try to get us back to work. There are 10 of us techs and none of us want to go back and find they can not guarantee our safety. It very tough thing now. Our manager said he need to talk to owners as they might need to replace us if we not come back.

My main question is will I need to resign my position if they want me to come back. I know if I do this I will also be unable to claim ei emergency benifit which would be a real concern as I have 2 kids and wife and no other income in our household. I value my kids and family safety first and dont want to bring sickness to myself or them. Stay at home is the only way we beat this virus.

Any advice would be great. If I choose to resign can my company cause any issues. We are on layoff and were issued reo also. Our layoff letter which was given at time of layoff also states if we plan not to be re hired please let them know as soon as we can.
6 replies
Deal Addict
User avatar
Nov 5, 2006
2195 posts
341 upvotes
Toronto
You have the right to refuse unsafe work.
You cannot be fired for refusing unsafe work.

There is a process but if you and your fellow technicians come together as one and follow the process, it benefits you.

https://www.ontario.ca/document/guide-o ... ety-danger

Dont quote me but I believe if you're already laid off and you are declining this chance to get back to work, unsafe or not....you are replaceable.
Deal Addict
Oct 3, 2013
1606 posts
2282 upvotes
West
o0vL wrote: You have the right to refuse unsafe work.
You cannot be fired for refusing unsafe work.

There is a process but if you and your fellow technicians come together as one and follow the process, it benefits you.

https://www.ontario.ca/document/guide-o ... ety-danger

Dont quote me but I believe if you're already laid off and you are declining this chance to get back to work, unsafe or not....you are replaceable.
This is not entirely the case for the OP. You are allowed to refuse work if there are clear occupational hazards. With respect to COVID-19, the definition of "unsafe" work is that your boss does not have appropriate safety measures in place, you have had a known exposure, or will knowingly have exposure to the virus. You cannot quit your job and claim benefits simply due to fear of getting COVID-19; otherwise, everyone would.

OP, if you quit, you will be ineligible for both EI and CERB. Remember, your employer is legally required to issue you an ROE, and the amended one will show you quit. I highly suggest you make a plan with your boss to ensure you are as protected as possible (i.e. PPE, sanitizer, training, etc.), but sorry, you'll have to go back if you want to earn a living.
[OP]
Newbie
Apr 7, 2019
82 posts
16 upvotes
One thing for sure is I am not going work during this.
Its unsafe. Whatever happens after even if get fired or quit will have to suffor for it and look for job again afterwards. Just to give you idea of my work... My last week in the company in march when covid 19 just started in canada i worked in buildings and one of the supers was sick. She was sure she had covid 19 and said she was in bed for like 4 days. She choose not to go doctors. I cancelled the job and kept my distance from her. I asked her why she did not go doctors. She said her doctor is to far away in another city and she did not want to pay for hospital parking local to go. Reckless crazy lady.

Next day had to go to 10 bldgs in markham area. It was scary as things were starting to get crazy now. Some of these bldgs they had older people and some had just travelled back from china. I had to refuse to go into apartment for one repair. The bldg manager was not happy. I asked her can she or her super intendentent go and check it out first. She said she can not go in and also super is not allowed because of virus. So i said if you guys not willing to go in why would I. Also I said they need to come in with me. Die to liabilties. So manager cancelled job cause no one will come with me in. I was not planning to go in anyway. It was same everywhere. Job also got slow down and company decided to layoff due to covid 19 and no work.

My roe shows code A00 so is that layoff or let go or contract ended I not sure. They did not put any reason next to code? Also on recall date part shows code U
Sr. Member
User avatar
Dec 28, 2010
637 posts
286 upvotes
I might not be completely knowledgable but if people are told to stay at home why are you allowed by your employer to enter someone else's houses? Imo you would be in an unsafe position and you can refuse work and explain this to your employer in writing (so you have proof later on). I think your employer is creating fear so you will end up doing the work after all. Have you asked him what he will do if you end up getting sick?
Do you want to meet the love of your life? Look in the mirror. | Byron Katie
[OP]
Newbie
Apr 7, 2019
82 posts
16 upvotes
The problem is our direct manager reports and answer to a another company thats owners of 5 or 6 companies. Our lay off letter and roe is issued from someone I never met before. I have worked for this company for 10years and they sold to an investment company. I am confused about my rights.

Lets see If they ask me to come back again in like an ultimatum then maybe I will just email them a resignation letter and state my reasons why due to unsafe working conditions.

Also during company lay my off my wife has got a job and working. My main problem with schools closed we have 2 small kids I will need to look after while wife works. Hers is guaranteed 40 hours a week full time. I will need to look after my kids. If my work calls me back with no guarantee of 40 hour per week my wife will have to quit her job.

I feel I will have only option is to resign.
Deal Addict
Jun 11, 2016
1785 posts
2575 upvotes
liquidsuite wrote: I value my kids and family safety first and dont want to bring sickness to myself or them. Stay at home is the only way we beat this virus.
Can't offer anything in terms of advice but no matter how your situation turns out no one in this country will fault you for putting your kids first.
My 2 cents.
Do sincerely hope it works out for you.

Cheers, KH

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