I work for a large energy company and have been on STD for 5 months due to high stress, burnout from being overloaded at work. My Doctor and his psychologist have been very supportive and say that i can’t work in that safety sensitive position anymore. I have applied for LTD and am awaiting that answer from the insurance company. Recently the company stated that they will find me a new position which would be completely different then what i am doing now. Can they force me to do something new?
Is it the same rate of pay and benefits?
They can’t force you but it sounds like they are trying to help.
I would get approved for LTD and then make this part of your return-to-work-plan.
Check out our webpage on employment rights and disability. Employers need to tread a fine line when changing jobs around on employees they know to be disabled or out on medical leave. You can always choose to go along with it, but depending on specific facts, you may have option to treat it as a constructive dismissal (unless you are in a union, then you have to follow the grievance process in Collective Agreement).
ON the other hand, if this is an action by the company to try to accommodate your disability or illness, then they are doing the right thing. As long as your salary doesn’t changed and it is legitimately necessary to accommodate you.
This is the kind of situation where you should seek specific legal advice before agreeing to anything new. Contact us if you want to learn more.
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.
I’m still in the process of discovering what my options are with my employer