LTD cut off; Employment Terminated


#1

Having such fun (NOT!). Got cut off of LTD (Manulife) Oct 2016. Financially our debt load is huge! Income reduced to 1/3 what we were used to going from Employment to LTD to zippo income. I do get CPP-D. Went through all scenarios for income - sell house (not worth it - rent is just as much as mortgage and no one will rent to someone with 3 dogs/2 cats); considered consumer proposal/bankruptcy (bankruptcy means we lose house anyway and/or vehicles and other assets - not willing; consumer proposal - well even through our credit rating is going down due to one credit card in arrears we didn’t want it to go any further down the tubes); need to sell personal excess items for income; drained Husband’s RRSP account; rec’d some cash from family. Started Litigation against Insurer in May/17; Employer terminated my 36 year employment without severance or notice period so I got zippo in Oct/17. However having turned 55 Sep/17 and having a Company DB Pension - I retired. Got first retirement payment end of November.

Am still suing Insurer - however in July they requested a buyout (payment for the one year I’ve been off LTD) - that’s unacceptable! I was forced into retirement; thus reducing my anticipated pension payment at 65. Going into a meeting for “Questioning” - is this the same as a Discovery??? There will be a lawyer from Insurer and a Court Reporter.

In the New Year I will be suing my Employer. I believe I have a case. Will definitely make sure that in the Statement of Claim that should I win the Insurer is NOT to get any part of the payment as any payment should be considered damages and not severance. I know those sneaky buggers (Insurance) will want to take it from me. Unfortunately my Disability Lawyer cannot take on the Employer Litigation and have to find an Employment Lawyer. Waiting until the New Year as December is NOT a good time to start up this type of thing. Under too much stress as it is. I live in Alberta btw.

Just thought I would let others up-to-date on how things have progressed since others are or will be under the same circumstances.


#2

Thanks for sharing. You seem to be quite knowledgeable.

You should definitely sue your employer. They shouldn’t have just terminated you like that. See if you can get wrongful termination. If not then there may be human rights claim.

Good luck!


#3

I’ve learned a lot thru this extremely stressful process but yes I will definitely be suing my Employer in the New Year.


#4

Good luck.
Let us know how it goes.


#5

Thanks Jammer - I’ll definitely keep everyone up-to-date. If I can help anyone out from my experiences I’d be more than happy to.