Levitt: Why playing hardball on employee medical information can backfire on companies

A recent case brought by a former female employee against TFI International Inc./TFI Transport before the Canadian Industrial Relations Board exemplifies what an employer should not do when an employee requests accommodation after a leave. It also clarifies when an employer can force an employee to attend an independent medical examination . Spoiler alert: it is not that easy.Article content

The woman gave TFI a note from her psychiatrist prescribing a gradual return to work. Presumably, TFI could have easily accommodated part-time work for the six weeks, especially since the woman would be free and clear to resume full duties afterwards. Instead, it played hardball and it did not end well.

The woman apprehensively attended the IME feeling bullied by threats of disciplinary action if she did not.

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