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
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I’m still in the process of discovering what my options are with my employer
So I just received notice from the Insurance company that they will not extend my LTD and will be reaching the change of Definition. Unfortunately my Doctor was in late in supplying information…not his fault because they had just sent it to them and had not consulted with him for the last 6 months. I had requested that they include his information which would be that I can not work at any position because of high stress levels at the company I work for.
If the LTD is denied in the appeal process, which I am planning to do with the unwavering support of my Doctor. There is agreement with the insurance company and my doctor that I can not go back to my previous career and will have a number of restrictions if I was to go back.
So if my company can’t or is unwilling to find me a new position what is their responsibility?
I think a lot of jobs these days are high stress.
They are responsible to accommodate you up to “undue hardship”.
Ia the same type of job at another company also high stress?
Thanks Jammer. As with most jobs nowadays there is always high stress especially in the industry I am involved in.
I guess what I was looking for is what is the Employers responsibility since I can no longer perform the original position I had. If they are unable to, or unwilling to find a suitable position within my permanent restrictions what happens next?
Do they terminate me? Would that involve a severance package or their responsibility ends at the end of the LTD.
Just looking for a little information before seeking legal advice.
I’m guessing they would terminate you but I think it is really hard to prove they couldn’t accommodate you.
If every job in that industry is high stress then maybe you can’t work for any company in that industry so the company could prove they couldn’t accommodate you (my non lawyer opinion).
I don’t know about severance.
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.