Person I know is currently on STD for Stress due to workplace harassment and a poisoned work environment. This is 2nd occurrence recently. They were on 1st instance but went back voluntarily only to crash again, so went back off. They are seeing doctors, taking meds, doing programs, etc but insurer has set a date they must return to work or be cut off.
Their doctor has not cleared them to return however. Apparently the insurer for the company they work for frequently tries to send people back before LTD kicks in and they start having to pay for their salaries.
If the person goes back off again, the insurer just starts the STD clock again and not combine the previous time off towards the LTD required time off amount.
Option could be to look into getting EI sickness benefits-ensure there is still time to apply for that. Then appeal.
Your friend could also include that their doctor and health team have not cleared for work and ask the Insurer for copies of their medical reports that dispute that so that they can review with his or her treatment providers. The employer can not fire an employee that does not have medical clearance to return.
Always to the point, humble and nice in any correspondence–as it is always possible that one day it will be read by a judge.
Tell your friend not to worry about what the Insurer says ie"must return to work" The focus should be on proving why that is not possible. Your friend should get a list of the job duties and point out why he or she can not perform those duties. You can include a symptom list from the Mayo clinic website say for depression and anxiety-check off the symptoms that relate.
Also your friend should ask for a complete and full copy of the claim file for this claim and past to ensure the Insurer has accurate info
…and that is why you are going to sue…of course if it has been a significant time that you have been off or you there has been an excessive amount of inculpable absences before an employer may have some grounds. However an employer risks being sued for wrongful dismissal and/or human Rights complaint (or both).
Employers have been found guilty of wrongful dismissal even after 5 years on claim. Employers can fire at will but they better not be for discriminatory reasons or pay fair notice pay.
My employer lays off people every year.
Say they have to lay off 1 of 2 people and the choice is between someone that is currently working and someone on disability.
They choose the person on disability solely because that would be the least disruptive to the current projects.
Is that legal?
Does a person on disability cost the company anything besides the group medical benefits and minimum pension contributions?
The LTD is paid by the insurer so the cost of having someone on disability should be very low compared to a working person, right?
Yep - and that is exactly why I’m going to sue (giggle).
I was on STD paid by my employer for 1 year. I was then on LTD for 2.5 years with the Employer’s insurer. The Insurer cut off my benefits and by law I had one year to sue (which I did) but as soon as that year was up my Employer terminated me. There was never any sick leave/absences prior to going on STD so there’s no Employer grounds there. I’m very hopeful the Employer is found guilty of wrongful dismissal! They offered no severance or notice pay. I was employed there for 32 years!!! I had an impeccable work record; many promotions; excellent performance reviews, etc. Hope their legal team is prepared because I’ll be coming at them like a bull in a china shop LOL.
It is hypothetical in terms of laying off a person with a disability but it is a fact they lay people off every year even if the company is doing well.
