I am on LTD and recently passed the 2yr mark. I am in the process of applying for CPP as I don’t know if/when I will return to work. My employer has emailed me asking to get on a call (phone/video) with them to discuss an organization change. I was given a specific time for the call as well but only given 2hrs notice. (I was unavailable so missed it anyway)
I don’t know what the change is but I am sure they are downsizing. I have good extended health care benefits which I don’t want to lose.
I am thinking I should avoid a video call as I don’t know what impression I would give compared to when I was working. I don’t know whether they may think I look ok or sickly. I also would not know what to say on the phone.
Here are my questions:
-Should I get on a call with them or just have them email me the details?
-If I get on call with them, what do I tell them when they ask how I am?
-If they offer me a settlement on the phone or by email, how do I respond? I would contact a lawyer but what do I tell my employer in the meantime?
Q1 - This is a person choice whether to get on the phone or ask for an email. But I would suggest going the phone call if that is what they are asking for.
Q2 - You don’t have to give personal medical details to the employer. You can say that your are still not capable of return to work at this time. If they press for information, tell them to write with their questions and. you can get your doctor to give answers.
Q3 - if they terminate you or offer a settlement you can ask for time to consider it and to get legal advice. They must give you reasonable time to do so. The employer will expect that you need time to consider it, discuss with family, and to get legal advice.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-917-7050 to speak with a member with our disability claim support team.
Thank you @David_Brannen. Your reply was very helpful as I was unable to think clearly being in a bit of a panic. I’ll definitely ask for time to consider any settlement/severance being offered. Thank you again.