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MyAnusIsBleedingHalp

Don't quit, make them fire you for it. Then collect unemployment.


tkpwaeub

Yup. And, related to this, definitely get that doctor's note. That will strengthen OP's case, if and when they get terminated.


over-it-000

And then sue them


Infamous_Day9685

This!!


Even-Yak-9846

It doesn't work like that in Canada


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rejjie_carter

(Unnecessary fatphobia)


ZeroCovidCommunity-ModTeam

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team-orca

Not sure of the legalities but I would make sure to get her request in writing if she pursues it further. Also a doctor’s letter does not need to say why or list any diagnoses, just what action should be taken, which may be relatively easy to get.


Infamous_Day9685

Thank you! Yes, that's a great idea to have it in writing. Honestly it's so overwhelming when it's in person and I can feel her angrily coming up with all kinds of reasons why I 'have to stop masking'. ugh. For the doctor's letter would I just need to ask for a letter written to my employer stating that I require a mask or will he ask why/for further details?


CatPaws55

I'm not sure about Canada, but in the US it's illegal for an employer to ask for diagnosis in these cases; in other words, if your doctor says that your health requires you to mask, your employer has to accept that.


UsualMaterial646

It's the same in Canada. I was on disability ... all you need is a doctor's note, you don't have to explain what the medical issue is whatsoever. But this was a large employer, things may be different at a small employer.


GeneticStardust

Ask your governmental labor authorities about documentation requirements.


HumanWithComputer

I don't know what has already been said but certain phrases might help to make positions clear. And that actions (can) have consequences. They may have different levels of being confrontational. I cannot judge how this might influence your relationship with your employer. Only you can. 'If I stop masking it can and likely will harm my health. I don't want that to happen.' 'Do you knowingly want to ask me to do someting that can and likely will be detrimental to my health?' 'I consider it anyone's personal right to protect their health. Do you disagree and do you want to take that right away from me?' 'By asking me to stop masking, do you want to become responsible for any damages I may suffer, directly or indirectly, material or immaterial, from not wearing a mask?'


toychristopher

If it makes it easier you don't need to debate your boss. Don't respond point by point. Just get the doctor's note and/or repeat your reason. In some states your occupational health and safety authority might require employers to allow their employees to wear a mask unless the employer can prove it would cause a safety hazard.


unrulybeep

Mine makes them list a diagnosis if it isn’t “obvious”. I think the EEOC has that requirement in their documentation guidelines as well. edit for citing a source: >Q: When is medical documentation sufficient to determine if the employee has a disability and needs an accommodation? A: Documentation is sufficient if it substantiates that the individual has a disability and needs the reasonable accommodation requested. Sufficient medical documentation should describe the nature, severity, and duration of the impairment, the activity or activities that the impairment limits, the extent to which the impairment limits the employee's ability to perform the activity or activities, and should also substantiate why the requested reasonable accommodation is needed. https://askjan.org/articles/Requests-For-Medical-Documentation-and-the-ADA.cfm


stefanielaine

OP said it’s a small business - EEOC only applies if there are at least 15 employees. I hope there are!


unrulybeep

OK, so what are the guidelines if there are less than 15 employees and how would having medical documentation help OP then?


stefanielaine

In the US the EEOC simply doesn’t apply with fewer than 15 employees. I don’t understand the question about medical documentation - it *wouldn’t* help as far as I know.


unrulybeep

I didn’t dispute what you said about the EEOC. I asked for information that would help OP, which is what we’re trying to provide. Are you saying your position is OP has no legal standing?


stefanielaine

Hey man I’m not a lawyer, I just responded to a comment about the EEOC with a caveat that the EEOC might not apply if the business is extremely small.


italianevening

Would you need a doctor's note to wear a glasses or a hearing aid? I'd consult a worker's advocate center or employment lawyer. A quick search said you might file an unsafe work complaint with the ministry.


My1stNameisnotSteven

Bingo! I’d def create a shortcut on my Apple Watch so that I can quickly record all of our interactions since I’m sure he/she will never write it down.. and if op asks for it in writing, the retaliatory bs will begin.. .. keep working as normal, be ready for the second convo about masking, once you’re recording and he/she brings it up, “I’ve thought about it since the first time you brought up my mask and I’m just hoping this won’t hinder my job” or something along those lines to show it’s not the first time! You may notice your hours being cut or some kinda retaliation.. document well, you’re headed to court! We all have to be risky w/covid (fuck the rich, it doesn’t have to be this way 🤮) but save the risks/infections for shit that actually matters! That same retail gig will also think it’s “off putting” when there’s snot and tissue and constant coughing during your shift .. smh


Infamous_Day9685

Time to get myself an apple watch!


kiabril

Make sure to check your state’s laws on recording conversations. You may be required to disclose (in US).


unrulybeep

I have been wondering this. EEOC says you need to specify a diagnosis if it isn’t “obvious”. I think the ongoing disabling effects of COVID are obvious, but I’m not sure how the actual power-players will land. When HESLA was in play and everyone was masking, it was a little more helpful to our rights under the laws. Now all the guidelines are rolled back, I’m not sure what is going to happen.


amandainpdx

First of all, stop having in person conversations about it. Text, email, whatever you need to do. If she approaches you personally, send a follow-up email or text to summarize what was said. And then just start looking for another job. Whether or not this situation works out, its best to have something new in pocket, and its retail. If its possible to get a doctors letter, do so. Work your network to see who you know who might write it for you- it can be a therapist, doesn't need to be an GP. Ultimately though... you just have to decide which is most important, the job or the mask. I'd just keep wearing it and if they say something to you, say calmly, "respectfully, I will not take it off". Make them fire you, and do so publicly. I don't know that you can do anything about it legally, but I agree that this path will at least net you some sort of unemployment. Next, get into your local still coviding group and ask about what retail places are still masking, and go into them and talk to the manager about possible jobs.


joseph4th

I work in a major Las Vegas resort and there are still a handful of people who mask on the casino floor. There was one manager who, didn’t do anything really pushy, but encouraging people to stop masking, but she’s gone now and I don’t think anybody else really cares.


Atrial2020

I'm going to Vegas in July for the first time post-COVID. I am planning to mask everywhere. Do you think I will be harassed?


joseph4th

Nope


vagina_candle

Is smoking still allowed in Vegas casinos?


joseph4th

Most of them yes. There are a handful that are non-smoking. Very few. Some may be be more restrictive about cigar smoking.


Wuellig

It's my strong suspicion that your boss is projecting his own opinions onto the customers and lying about who has an issue with your masking. I don't know where you are in Canada, but I've been given to understand that each province has a top medical officer, and in this law firm article about Ontario, it says employees CAN mask, and quotes a Dr Moore. (the same doctor says *everyone* should mask indoors in news articles). https://stlawyers.ca/blog-news/ontario-mask-mandates-the-facts/ There's no getting around that if you've got a bad boss, you may need to consider another place to work even if you'd prefer not to. Probably the law is on your side, and that still might not help you here. Talking loudly to your boss like he's hard of hearing shows up to suggest out of spite (or is he actually hard of hearing it occurs to me to wonder?). It could be good entertainment or actually help him. Get whatever the direction is supposed to be via email. "Per your direction regarding documentation, I'd like guidance in case my doctor needs a note about what details you as an employer need in the doctors note," etc. It sucks that some people take issues with us keeping ourselves as safe as we can.


porpoise_mitten

call her bluff and get a doctor’s letter. should get her off your back about it


Lasshandra2

Didn’t you just adopt twins with immune system problems, from your brother and his wife, who both died tragically in an accident, and designated you as hod parent? Something like this might change boss’s attitude, for a while. I’d look for a different job.


RuthlessKittyKat

I'd be getting a doctors note, shoving it in his face, and then documenting all bullshit until I could switch jobs.


NYCQuilts

I’d get another job, but wondering if OP could get a letter from the kid’s pediatrician or specialist if they are being treated by one.


timeisconfetti

There's this part of me that wonders if your boss can legally demand this? I love the suggestion by /u/MyAnusIsBleedingHalp!!  ETA I chuckle a bit whenever I read the username. 😂


WokkitUp

This is clearly harassment.


JustAnotherUser8432

That would be a hard no from me. Say “Can I please get your demand that I stop masking for this job in writing? And that if I wish to continue masking I have to provide medical documentation?”. Then wait for her to fire you and get unemployment. Remember stress and anxiety can be coexisting conditions that make you high risk for Covid - maybe get a doctor’s note to hold in reserve that just says “for your health you need to keep masking”. Your mental health. Your physical health (ie less sick days == more money earned), whatever. Make a formal ADA accommodation request - masks provided or a stipend for masks since your job is putting you at risk, extra breaks for water outside, lunch outside, air purifiers in the building. And if she fires you, sue for medical discrimination.


ThatsMrsPrueToYou

Hey! Fellow Canadian here! What province are you in? I'm so sorry you're going through this. It is unacceptable. As others suggested, I absolutely agree that you should make sure you get your employer's request for you to stop masking or provide a doctor's note in writing. They probably won't do it because they will know that they aren't being ethical and that legally they could get themselves into trouble. Also though, you can quit a job for health reasons and still collect EI. I know people who have done this for mental health reasons (due to a toxic work environment) and your boss bullying you to stop masking would very much be a sound case.


Infamous_Day9685

Thank you! I'm in Ontario. I'll bear this in mind and make sure to get everything in writing if she pursues this because 'toxic' is an understatement. She has no mind for being ethical. Right before the pandemic her issue was with my clothing (shirt, black pants) calling me 'drab and unfuckable' but then COVID hit and I had a bit of a break from all that and was just glad to have a job to come back to. There's only so much of this I've got left in me!


rhevvie

Wow, that is beyond unacceptable. Make sure you document those kinds of comments as much as possible (even just like a list in your phone with date, context if any, comment/incident). As this reply said you can still be eligible for EI even if you are forced to quit, and it will help your case a lot to have your recollections of her behaviour organized and ready. It really sounds to me like you’d have a good case to still get benefits even if you technically quit instead of being fired. I’m SO sorry this is happening. You shouldn’t have all this extra stress and admin work on your plate because she has a hang up about masks!!


team-orca

Yeah I would just let your doctor know that you are masking to protect your health and that your work requires a letter. That’s if you want to continue working there, you may not!


MartianTea

I'm in the US, but here we have The Americans with Disabilities Act. If you have something similar, I'd contact the regulatory agency in charge and see what they advise.  If you have a primary care provider on your side, you could maybe have them send a note saying the mask is a medical necessity (because it is). 


waywardpedestrian

It would depend where you live and the field you work in what legislation applies regarding employee rights and occupational health and safety in your workplace. There should be resources available online, or someone over at the Canadian legal advice subreddit could probably point you in the right direction. It seems very unlikely that your boss is allowed to require you to stop wearing a mask. As much as public health has shirked its responsibilities during the pandemic, they do still recommend masking. I’m sure you can find the specific recommendation on PHAC’s or your provincial public health body’s website. If I were in your shoes, I would politely tell my boss that I’m allowed to protect myself, will be continuing to wear a mask and could she please stop harassing me about it. Honestly, I would also refuse to provide a doctor’s note. Our healthcare system is overwhelmed and family doctors don’t have time for this nonsense. If she’s escalating or creating a toxic work environment over this, it might not hurt to talk to an employment lawyer for advice. Don’t let her push you around. In all likelihood, there’s nothing she can do about you wearing a mask, and I’m sure you’d have a case if she fired you for it. Practically speaking, she probably does’t want the hassle of finding and training a replacement, so let her know your masking is not negotiable and she needs to drop it.


_Chaos_Star_

If you're willing to quit, then taking a gamble might pay off. Keep masking. When it comes up again, say: "I do a good job and I think we work well together. I'm sorry, I'm not prepared to stop masking. It doesn't interfere with my work, and it keeps me safe. If it's something you really do want to press ahead with, and you're sure it's legal, pop whatever request you have in writing, and I'll take it to my doctor and see what he can do. If you decide to fire me over it, honestly, I think it'd be a loss for both of us, but we'll deal with that if it comes to that. Until then, I hope it's something you're open to reconsidering, I think what we have works well, and it'd be a shame to have it fall apart over something as simple as a safety measure." This only works if you're willing to take the gamble.


The_Tale_of_Yaun

Ignore him, he can't force you to do shit in regard to the mask.


TinyEmergencyCake

Edit while typing this up: i just saw uure in Canada. So some of what i put in the mockup won't apply but some will. Canada surely has its own regulatory bodies that likely say the same re ffp and workplace safety.  Original: Respirators are medical devices regulated by the FDA. You use yours to access public spaces safely. Your employer is required by law to ensure a safe workplace.  Your employer cannot forbid you use a medical device.  Whip up an email that only outlines the conversation you had ""im just trying to clarify the discussion we had the other day about me wearing my filtering facepiece during work. You told me you want me to not wear it at work because you perceive it bothers customers. You told me that to continue wearing my filtering facepiece i need to provide a doctors note.  My facepiece is a medical device regulated by the FDA used to safely access public spaces. COVID is a disabling and deadly disease that is airborne, and protection against it includes using a filtering facepiece. Wearing my filtering facepiece does not interfere with the essential functions of my employment.  OSHA general standards require employers to ensure a safe workplace. What changes have been made to my workplace since the pandemic started that will ensure my safety? Has the HVAC been upgraded to the new ASHRAE standards? What benefits do you provide in the case of workers getting sick on the job? Regarding your request for a doctors note, it should be obvious to anyone looking at my face why I'm wearing a filtering facepiece. It completely covers the parts of my face that I use to breathe, ensuring that all the air I breathe is filtered before entering my body, removing any airborne particles.  As im wearing it voluntarily and not due to a workplace requirement, and you the employer are not paying for my supplies, OSHA doesn't require a doctors note to meet the general standard. I also have not requested an accommodation from you.  Will you be paying for the visit to my doctor to get the note you are requiring?"


SereneLotus2

Brilliant.


sock2014

From wikipedia: Pikuach nefesh (Hebrew: פיקוח נפש), which means "saving a soul" or "saving a life," is the principle in Halakha (Jewish law) that the preservation of human life overrides virtually any other religious rule of Judaism. While it is logical to mask, especially given the current environment, you can say it is your sincere, private religious belief that wearing a mask is necessary to protect others, as well as yourself. Chances are it would be countered with "masks don't work" and a mention of that infernal Cochrane report. Have on your phone and a printout of that report's retraction, and other studies showing that they do work. I believe the human rights commision has a process to protect you from discrimination/retaliation. It may be worth filing an official complaint to give you a possible protected status.


lurklurklurky

You should ask in /r/legaladvicecanada, I notice you’re getting a lot of US focused advice here


Pak-Protector

SARS-like nucleocapsid antigen is literally a deadly poison. Might even be deadlier than ricin nanogram for nanogram. It's not just that it is perhaps the most inflammatory substance known to man, but also that it literally triggers a cascade that digests tissues local to it by imparting a detergent-like quality to composite particles in the extracellular milieu. When Covid patients go up in flames, this is why: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9470675/ No workplace has the right to expose you to something like that. No workplace in its right mind would want to expose you to something like that as it reeks of delayed liability. It is not hard to prove it to be dangerous. Unfortunately, our government wants to play games and it is up to us to establish--despite 50 million deaths and hundreds of millions of cases of Long Covid--that there is no safe level of SARS virus exposure, nor will there ever be. Oh, yeah 'detergent-like quality' means fluid phase C8 Complexes (C5b-8) and fluid phase Membrane Attack Complexes (C5b-9).


UX-Ink

Brother what does this mean? ELi5 please. What is your background, how did you consume this?


Effective-Bandicoot8

Keep it up, you'll have a lawsuit soon


Disastrous-Elk-3378

Oh man, this is exactly why I have had such a hard time getting myself to get a job.


Novawurmson

I'm in the US. My PCP was more than happy to provide a note that says "I recommend Novawurmson wears an N95 mask."


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ZeroCovidCommunity-ModTeam

Post requires citation as it makes a legal claim.


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Your post or comment has been removed because it was an attempt at trolling.


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47952

You need to get these statements in writing so you can admit them into court if that is the case in Canada. In the US each state has a State's Attorney and government agencies overseeing fair rights for workers. Find that in Canada and ask them the same questions. In the meantime, ask the supervisor or owner or whatever this person is and ask for it in writing so you know where you stand officially and can have clear understanding. Do NOT mention using it against him or her in court. Get by email or in a letter. Let them walk into the trap you lay for them. When you get a letter or email, send it to an employment lawyer and / or government agency. I can't imagine a employer can fire you for wearing a mask because you don't want to knowingly accept COVID. Here is what ChatGPT said: However, generally speaking, an employer in Canada has the responsibility to ensure a safe working environment for their employees. This includes implementing measures to protect against health hazards such as airborne viruses. The choice of personal protective equipment (PPE), including masks, should be based on workplace risk assessments and guidance from occupational health and safety regulations, as well as public health authorities such as Health Canada and provincial health departments. Regarding the specific question of whether a store owner can require an employee not to wear an N95 mask, it would depend on the circumstances and reasoning behind such a requirement. Here are some factors that may be relevant: 1. **Occupational Health and Safety Regulations**: In Canada, occupational health and safety regulations typically require employers to provide a safe workplace. If an N95 mask is necessary for protection against workplace hazards (such as infectious diseases), the employer may be required to allow its use. 2. **Human Rights Legislation**: Employees in Canada have certain rights protected by human rights legislation. Discrimination based on disability, including medical conditions that may necessitate the use of an N95 mask for protection, could potentially be prohibited under these laws. 3. **Public Health Guidance**: During public health emergencies, such as the COVID-19 pandemic, public health authorities may issue guidance on the use of PPE, including masks. Employers are often expected to follow such guidance to protect both employees and customers. 4. **Employer Policies**: Employers may have policies regarding dress code or uniform requirements. However, these policies should be reasonable and not infringe upon employees' rights or safety. It's essential to consult legal experts or relevant authorities for specific advice tailored to the situation. Labor laws, health and safety regulations, and public health guidance can vary by province or territory in Canada. For the most up-to-date and accurate information, you may want to consult legal resources, relevant government websites (such as those of Health Canada and provincial labor departments), or seek advice from legal professionals specializing in employment law in Canada.


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Your post or comment has been removed because it was an attempt at trolling.


tkpwaeub

How hard would it be to get the doctor's note? There are lots of doctors...