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I have suffered what I think is unreasonable, prejudiced punishment at my (industrial) job. Is there any legal recourse for me to defend against this? I'm in Manitoba, Canada.

My superior is unfairly giving me warnings. I think it's likely he's being prejudiced against me. If I get too many warnings then I will lose my job.


Examples:

  • He gave me a warning for stretching. Workplace health and safety encourages us to stretch to prevent injury, however, I met his eye once and he gave me a warning for stretching.

  • He's being biased in punishing me instead of others when others have the same amount of fault. Example: I "clean up" what other workers miss, but other workers tend to leave more stuff for me to "clean up" so they aren't doing their job properly and giving me excessive work. The superior is supposed to manage the workers to do their job, but he blames only me.

  • He gives me excessive work when I have a permanent injury. I also have restrictions on the injury for work, but the work he orders (almost forces) me to do exceeds my restrictions.

  • The users has cross-posted on workplace.SE, where the question is off-topic too. I tried to edit to make it on-topic (if my edit is approved). Hope this helps... – sleske Jan 4 '17 at 7:50
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    My view is that this is still an appeal for specific legal advice, and as such OT here. The only possible answer is "consultant a specialist in workplace law. Your union may fund this if you are a member of a union." – Martin Bonner Jan 4 '17 at 15:32
  • @MartinBonner, I conjecture that you intend "OT" to mean "off topic" rather than "on topic". Is that right? – user6726 Jan 4 '17 at 20:44
  • @user6726: Yes, in Internet forums and chat rooms, "OT" is a common abbreviation for "off topic". – sleske Jan 4 '17 at 21:05
  • @user6726: Yes "off-topic". And while Stack Overflow is neither a forum nor a chat room, some of the same terminology is common. – Martin Bonner Jan 5 '17 at 6:47
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You're really asking for legal advice, which is off-topic here, for reasons that involve legal liability on the part of the people who post here, and for users like you who need to be getting information that is accurate directly from an attorney who is working for you in your best interest. The Internet is never a replacement for real legal advice. See https://law.stackexchange.com/help/dont-ask

But there are some steps you can take regarding your situation and local, provincial and federal law in Canada, and these are steps all employees can take in many countries and in many different types of employment.

You should determine company policy regarding employee health, your injury and allegations of bias by your superior. Read your employee contract and handbook and any sections that have to do with health and working conditions and what recourse you have with the company and your supervisor.

You should document past incidents and conversations and, going forward, any new incidents. You should talk to others up the chain of management about what is happening. And when you do, it's a good idea to document what is said, either at the time in your meetings (written notes; ask permission to digitally record), or afterward in your notes. (And document if you are not allowed to document.)

You should look outside the company for other resources, such as with a union, a labor support group, a private attorney who specializes in labor law, and/or Employment Standards | Filing a Claim | Manitoba Government.

  • You're completely missing the point. Your suggestions are bleak, because the employee is already in what is called a poisoned environment - it is heavily unlikely that your second paragraph will do much good. Your third paragraph on documenting incidents is good though. However, you've completely missed the crucial piece of legislation that is most relevant to the OP - the Manitoba Human Rights Code. He is clearly being discriminated based on disability. – Zizouz212 Jan 6 '17 at 17:22

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