Employer terminating employement ..on LTD since last 3 year

1

I am on LTD since last 3 years. My doc still suggest that i am not fully ready for work yet. But i dont want to loose my employer.Today i got a call from employer saying they are terminating my position. I informed HR that i want to work. Employer gave me time time till next week to consult with doc to let them know if there is any plan for rejoining along with any accommodation.

  1. My current job is stressful because of its nature. so Can i ask HR for other opportunities which are less challenging? Would they able to consider me even if position is destined for another country?
  2. If i join workforce now and if my illness relapse again because of employment, Do i have chance to go back to LTD or leave again?
  3. How to drive conversation with employer regarding new opportunities without sounding negative?
  4. What does come with accommodation?

Any help would be appreciate it people. I was not ready with this kind of surprise so i have lot of questions.

2

Welcome to the forum.

Employers typically terminate people who have been on LTD for 2-4 years (it is called “frustration of contract”).

  1. You can ask but they don’t have to.
  2. I think usually if you get ill within 6 months then it is probably the same claim. It probably depends on how your insurance company handles it.
  3. Tell them you want to to stay with the same company.
  4. Could be more breaks, ergonomic chair, special phone, anything that helps you work.
1 Like
3

Re 1, their obligation is to accommodate you to the point of undue hardship on them. It’s a very important but vague standard so it’s going to depend on what kind of work they do, what other positions might be available, etc.

4

Thanks guys.
I am surprised to know that there is still option of going to back to LTD if illness come back again. Thats good to know.

5

I was sick, went back to work, went off sick again and the insurance company said it was the same claim.
I think @David_Brannen commented on that but I can’t find his post.
It might depend on your policy, insurance company, or diagnosis.

6

Yes, it does depend on the specific insurance plan or policy, but generally speaking these plans are designed to facilitate people going back to work. If you have a relapse or return of inability to work, most plans will have a “recurrence of disability” clause which says if you go off work again within x months of returning to work, your claim will continue. However, if you go off work again after that period, you would just file a new claim and go through the short-term disability and re-apply for LTD. It is wise to speak with a lawyer if you don’t get back to full time work, and have to go off again as it opens up a gray area on whether it should be a new claim or continuation, even if you were back for more than x months indicated in the policy.

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 1-877-282-5188 to speak with a member with our disability claim support team.