Case Description

Hello,

I am seeking some legal advice and legal actions over a mental breakdown that occurred at work.

A (not so brief) summary,

Have been happily employed for 22 years with my present (?) employer in charge of maintenance of a small company (20 employees) which runs 2 shifts, sometimes 3.
I am the only one in the department and look after immediate break-downs, locating, purchasing, picking up necessary spare parts, time management and being on-call (Work provided cell phone)as long as the shifts were running.
I worked straight days opening the plant at 4am and usually left by 12:30
(8 hour shift)
Suffice it to say, this job over the years increased in demand as the company has grown to the point where I rarly had time to stop and take lunch. A very High paced job indeed.

My break-down revolves around working on an aged piece of production machinery that was in need of being replaced a long time ago and in fact an outside contractor was given the task of designing a new one.
(All machinery is custom in this company, so there is No off the shelf fixes)

This machine has been very troublesome for the last few years, which everyone knew about but I was always able to do Something to get it back in operation.

In Late October of 2009 after spending 2 days (meaning 2 regular shifts) trying to get this machine functioning after it broke down, and while watching the production lines that feed it begin to back up, I thought I had it repair, and tested it several times as I always have in the past, ensuring it was working in a reproducible fashion.
After this jobs completion, and being that my shift had been long over, I left for the day.

That same afternoon around 4:30 I received a phone call from the production manager yelling in the phone "WERE DOWN, The Machines Broken", and then passed the phone to the GM (my boss) who asking me if I went home leaving it in a state of dis-repair, which I answer NO, and then he says well Its not working, so what should I do send everyone home?'
This machine that I was working on is a small part of a bigger process so if it goes down, it can cause a production bottle neck.

I was just exhausted both physically and mentally over getting this machine finally up and running and to find out once again that it had broken down in short order plus now the guilt placed upon me about the employess possibly being sent home coupled with the fact I was far too tired to come back in and try to repair it once again, I was brought to tears and the start of my mental breakdown.

I left for work the next morning at the usual time, but I felt like I was walking around in a dream world, a fog so to speak..
When I got to work I opened the plant, turned on all the machines as I normally do, and then watched myself, go to my shop, wheel my toolbox to my truck and load it in.

I waited at work until another employee showed up, made sure everything was working for him and then got into my truck, and drove home.

When I arrived home I had a complete nervous breakdown.

I contacted the office administrator at work via email later that morning, she is also a good friend at work, and told her what happened the best I could at the time..
We emailed back and forth a couple time and I then composed this short note to try and explain further how I felt as well as what happened.


"Too much pressure on a single egg finally cracks it.

It wasn't a job; a job you can leave at the door, forget about it for a time, enjoy other things in life.
For over 20 years 'company' has been my life, completely...and I have forgot what living is really like.

Some could say I had a nervous breakdown, maybe that's closer to the point than I would admit, but one can give only so much before it feels like the life force is being sucked out.

There are other ways I could have gone about this, and I know this method has left me without compensation of any kind.
20 years, and I cant even collect unemployment now......I truly must be crazy, but it was best I choose no angry words, and left no personal hurt, money is not worth harming a single hair or seeing a single tear drop from another.

I just wished to hear no more words, good, bad, or mostly indifferent, so I simply left.

The chasing of the dollar at 'company' for me, has ended...I wish it well"


That was it for speaking with anyone for a day or too, and when I emailed the office manager again, she suggested that maybe they can put me on short term disability and that I should contact human resource at head office since they were going to deal with things from this point on.

I contacted head office after a few more days and again had to explain what happened, and asked if I wanted to go on STD.
I said yes, I think so, and she couriered me the forms.
In that same conversation she asked me if I wanted to return to eventually return to work and I believe I stated, I don't know, I think so.

I will skip the details for now about the insurance claim thought I had to wait 3 weeks to see a 'new' doctor and subsequently was declined benefits due to time laps.

I received from head office a ROE form dated Nov. 11, 2009 couriered to me from head office which had the reason for leaving being Medical, but Will Not return was also checked.

After a few more random contacts with head office asking them if they could help with my claim denial, I brought up the ROE form I had received and asked why they had me listed as Will Not be returning to work.
She stated that I had said I did not want to return to work in our phone call and I replied I don't remember saying that, and subsequently sent her this email Dec. 18, 2009. to have what I had stated on the phone several times clear and in writting.


[Hello ...

I have just received your document about my insurance being re-instated, and I thank you for that.
The reason I am writing you this letter, is to set the record straight on one main issue.

Due to the demands and pressures placed on me by my company, I suffered an emotional and physical breakdown.
In no way Did I quit or resign...but rather collapsed into a non functioning mode both socially as well as physically due to the stress.

There is no need to go into the history leading up to the breaking point, unless you are interested in having it copied to you, but the demands of a company running two shifts, with the welfare of the production staff placed on a single maintenance person finally took its toll.

I just wanted to set the record straight,

Thank you.]


To make this extremely long summary short, I have now been out of work for 3 months without an income.
I was hoping that the insurance company was going to look after me till I was well enough to return to work, but now that 3 months have passed, it is obvious this is not going to be the case.
I wish to return to work as money is just about out and I do feel better for being under medical care, so I contacted the GM at my place of employment Jan. 25, 2009 and said I was feeling much better and wished to return to work.

He said that I left them scrambling to get things under control by leaving.
I explained I never intended for this to happen nor wished it to happen, it just did and I was sorry for all the trouble it had caused.

He said that he would have to 'think' about it and that I was to leave it 'with him'

I asked if I could call him back, but he said he has a million things on the go right now but asked for my home number and said he would contact me instead.

It is now Feb.1 2009 and thought the grapevine, I have found out that my company have just hired a fulltime maintenance person who will start in 2 weeks time.
Right now the shop is being looked after by 1 full time and 1 part time person.
I am not sure what the 'plans' are for the shop thought I have told them many times that 1 person alone cant do this job.

Anyways, this does not bode well for myself so I thought I would seek legal advice on this situation, and wondering if I should make further contact with head office explaining the phone call I had with the GM about returning to work, and am wishing to.


I am looking for legal consultation on the following questions:


1) Should I make further contact with my employer though I was told I would be called back? Maybe contact head office instead?


2) Do they Not have to hold my job since what brought about my absence from work was a condition create at and due to work?

3) I had planned on being with the company until I was 'forced' to retire which means I would have been able to pay off my mortgage at the minimum, and all indications pointed to this being the case in that I was well liked by most, able to do the job not only in the plant but also looking after the office peoples needs, and being very dedicated to the company.
I am one of 4 'original' employees that have been with this company since its inception.

4) If nothing else, do they at least owe me severance and if so, at what rate?


Thank you for your time, in advance.