I am receiving long term disability benefits, and my employer terminated my employment. What does this mean for me?
Is It Illegal To Be Fired On Long Term Disability?
The question of whether an employee can be fired while on long-term disability is a common concern. Especially if there’s a chance, the claimant’s disability may not be permanent but will likely persist into the indefinite future.
Although Ontario law offers some protections to disabled employees on LTD, they are not entirely protected from employment termination. An employee who is receiving LTD cannot be fired for cause. However, suppose the employee is still unable to return to work. In that case, the employment contract will stand ‘frustrated.’ This is a legal concept which an intervening event that renders a contract unable to be fulfilled. In this situation, frustration would be caused by the disabled employee’s inability to perform their job duties. However, an employer cannot determine the employee’s likelihood of returning to work on their own. They must have proper medical evidence and opinions from physicians before deciding if an employee on long-term disability is doubtful to return to work. If applicable, employers who fail to obtain sufficient medical evidence may be required to make LTD payments to an employee after the termination of employment and legal fees.
What Will Happen to My Disability Benefits?
As long as you were actively employed when you became disabled, your termination of employment should not affect your long term disability entitlement. However, any termination or severance payments may be deducted from your long term disability entitlement. The situation might be more difficult if you were on short term disability at the time you were terminated or were on temporary layoff when you became disabled.
If you are terminated while receiving long-term disability benefits, you may be able to continue receiving those benefits for a period of time. Your LTD policy will have information about how your benefits may be affected by the termination of employment. You’ll likely be required to maintain regular treatment with your doctors to avoid having your benefits terminated.
Contact An Ontario Long Term Disability Lawyer To Make Sure Your Rights Are Protected
If you experienced employment termination while receiving long-term disability, our lawyers can help you understand your legal rights and options. At Cariati Law, we know the tactics employers and insurance companies may use to attempt to stop paying long-term disability claims. We’ll help determine if your termination of employment was lawful and if your long-term disability benefits were wrongly denied. To schedule a free case evaluation, fill out the form below or call us at 905-629-8040.