Hi, I recieved a letter terminating my employment contract after 2 years on LTD and just after my LTD was extended beyond the 2 year mark. I was given no severance and short notice. Is this ok or should I look for legal council to see if I am entitled to severance.
I would definitely talk to a lawyer.
You should read this.
DId they give you a reason for termination?
I doubt you can do much.
It is probably legal termination due to “frustration of contract”.
After 2-4 years on LTD is a typical time.
You should ask an employment lawyer though, they should all have free consultations (I think).
Like RaptorsFan suggested, read David’s article.
Some judges have ruled that frustration of contract can’t happen in situations when a person is on an approved long-term disability claim. The thinking goes that if the employment contract contemplated long-term disability, then it can’t be frustrated by the person receiving long-term disability benefits. This principle is an evolving area of the law and may not apply to you, even if you are on an approved disability claim. You would need to seek legal advice on whether frustration of contract would apply to you.
If your employment contract has become frustrated, then your employment is deemed to end immediately and you have no right to working notice or severance pay in place of working notice. However, there are some exceptions under provincial and federal employment standards legislation. You may still be entitled to limited severance pay through provincial and federal legislation, even if your employment has become frustrated.
From reading David’s great article under frustration of contract section, which I think most of us are provided by this reason and not offered any severance/notice, “Your employer has a duty to prove that your employment has become frustrated. This is often no easy task, so many employers will opt to pay severance as a way to end the employment.”,
what typical ways an employer will do to get the proof? After complaint made to Employment Standard or Human rights tribunal, when asked by the employer, should I provide my medical evidence as proof so they can use it against me? The argument with the employer can also hurt the ongoing claim?
I think as long as the employer waits 2-4 years that a person hasn’t worked then that proves frustration of contract.
It probably depends on a person’s province and employer.
Like the article says, contact a lawyer.
I would think if there is a strong case, a lawyer would get paid when they win.
I wouldn’t give medical information to the employer.
Your LTD contract is with the insurance company so no argument with the employer will affect that.
My employment contract is “frustrated”, however my employer can request my information from insurance company (non medical), like my claim status and my insurance company admin still release the information to the employer. So I am assuming it can go the other way around, anything you say to your former employer can also be passed to insurance, so I would be really careful when making any argument re frustration of contract.
I was unionized which basically means I do not have any rights. My union was awful. They failed to listen to me.
Even if I were to get severance my LTD provider will have to be notified and they will deduct the equal amount from my LTD payments?
My policy only mentions payments from other sources due to the same disability.
I am assuming It should be written in the policy, mine didn’t say severance deducted, but it might be deducted? As the severance is paid from end of employment caused by disability? I could be wrong here.