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Technically I am considered a self-contracted employee as I chargre HST, pay my own taxes etc. however I have been the advertised and known group exercise coordinator for a gym for almost 5 years now with exclusivity expectations. That is I was not allowed to teach at any other gym in the area that would conflict with ours. I honoured this to the extent that when they weren't providing clients as they promised and made forced me to make some bad scheduling changes last year in favor of an instructor friend of the owner and I was left financially in difficulty I took classes an hour away so as not to conflict with my commitments at my job. My mother recently became very ill and passed away, I was off for two weeks less one work day when I informed (on the day of my mothers funeral) them I would be back to my regular schedule the following week. I gave them 10 days notice of my return which meant I was missing one more work week and my boss was seemingly very supportive. Three days prior to my return I was informed all my classes had been covered until I meet with the manager. When asked why I didn't get a response for 3 days until the day I was planning to return, I was told all my classes and clients were covered until they met with me. I had to cancel my scheduled clients with no explanation. I emailed back and suggested given the circumstances I wanted what they had to say in writing. Over the past two weeks we still haven't met and the emails back and forth and discussion with my friend who is one of my friends/instructors there I have since found out they actually got all of my work covered for the month of November two days after me notifying them of my return on the 16th, they removed me as admin from Facebook which I discovered when trying to post some class changes, they are telling members my classes are covered for the month and a new schedule will be out in December, one email they tried to accuse me of NOT notifying them which clearly I did and they mentioned in first email, then they tried to say the meeting was just about schedule which wouldn't preclude me continuing to teach or train my clients so bottom line they clearly intended to let me go and are now trying to back track to make it look like I didn't plan on returning after my mothers death. I was paid a salary as coordinator and then individually for my classes and clients a higher rate as coordinated. This has left a huge financial and emptional strain. Can I still demand severance or file for wrongful dismissal? There has not been one discussion ever about me not being there. Thank you for taking the time too look at this as $300-500 just to find out if I even have an option to do anything is just not possible given the circumstance.
I understand from your question that you are presently still employed by the gym, and are ready (and have been cleared) to return to work, but the gym has covered all of your classes and is not allowing you to return. If this is the case, and you do classify as an employee (which it sounds like you do), then the gym's actions amount to a termination of your employment. Write a clear letter to the gym, advising that you will be back tomorrow (or whatever you day you like), as you have been cleared to return and are ready to do so. If they do not allow you to return, you need to contact a lawyer at the number below to discuss your entitlements and options