# New Job Offer while on STD **URL:** \ **Category:** Uncategorized\ **Created:** [September 11, 2018, 11:18pm UTC](https://forum.resolutelegal.ca/t/new-job-offer-while-on-std/1554 "2018-09-11T23:18:09Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![101010](https://avatars.discourse-cdn.com/v4/letter/1/ecc23a/32.png) [@101010](https://forum.resolutelegal.ca/u/101010)\ **Post date:** [September 11, 2018, 11:18pm UTC](https://forum.resolutelegal.ca/t/new-job-offer-while-on-std/1554/1 "2018-09-11T23:18:09Z")
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? ---
**Author:** ![jammer](https://avatars.discourse-cdn.com/v4/letter/j/df705f/32.png) [@jammer](https://forum.resolutelegal.ca/u/jammer)\ **Post date:** [September 11, 2018, 11:45pm UTC](https://forum.resolutelegal.ca/t/new-job-offer-while-on-std/1554/2 "2018-09-11T23:45:47Z")
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. ---
**Author:** ![David\_Brannen](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.resolutelegal.ca/david_brannen/32/2_2.png) [@David\_Brannen](https://forum.resolutelegal.ca/u/David_Brannen)\ **Post date:** [September 14, 2018, 7:24pm UTC](https://forum.resolutelegal.ca/t/new-job-offer-while-on-std/1554/3 "2018-09-14T19:24:58Z")
> [@101010](#): > > 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? Check out our webpage on [employment rights and disability](https://www.resolutelegal.ca/employment-rights-and-disability-benefits). 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. * * * **David Brannen** 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](https://www.resolutelegal.ca/free-consultation/) to request a free consultation **or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.** ---
**Author:** ![101010](https://avatars.discourse-cdn.com/v4/letter/1/ecc23a/32.png) [@101010](https://forum.resolutelegal.ca/u/101010)\ **Post date:** [September 15, 2018, 11:19am UTC](https://forum.resolutelegal.ca/t/new-job-offer-while-on-std/1554/4 "2018-09-15T11:19:31Z")
Thanks David, I’m still in the process of discovering what my options are with my employer ---
**Author:** ![101010](https://avatars.discourse-cdn.com/v4/letter/1/ecc23a/32.png) [@101010](https://forum.resolutelegal.ca/u/101010)\ **Post date:** [August 29, 2019, 1:40am UTC](https://forum.resolutelegal.ca/t/new-job-offer-while-on-std/1554/5 "2019-08-29T01:40:37Z")
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? ---
**Author:** ![jammer](https://avatars.discourse-cdn.com/v4/letter/j/df705f/32.png) [@jammer](https://forum.resolutelegal.ca/u/jammer)\ **Post date:** [August 29, 2019, 12:56pm UTC](https://forum.resolutelegal.ca/t/new-job-offer-while-on-std/1554/6 "2019-08-29T12:56:47Z")
> [@101010](#): > > I can not work at any position because of high stress levels at the company I work for. I think a lot of jobs these days are high stress. > [@101010](#): > > So if my company can’t or is unwilling to find me a new position what is their responsibility? They are responsible to accommodate you up to “undue hardship”. Ia the same type of job at another company also high stress? ---
**Author:** ![101010](https://avatars.discourse-cdn.com/v4/letter/1/ecc23a/32.png) [@101010](https://forum.resolutelegal.ca/u/101010)\ **Post date:** [August 29, 2019, 2:35pm UTC](https://forum.resolutelegal.ca/t/new-job-offer-while-on-std/1554/7 "2019-08-29T14:35:07Z")
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. ---
**Author:** ![jammer](https://avatars.discourse-cdn.com/v4/letter/j/df705f/32.png) [@jammer](https://forum.resolutelegal.ca/u/jammer)\ **Post date:** [August 29, 2019, 6:13pm UTC](https://forum.resolutelegal.ca/t/new-job-offer-while-on-std/1554/8 "2019-08-29T18:13:08Z")
> [@Employer will not accommodate](https://forum.resolutelegal.ca/t/employer-will-not-accommodate/1605/3): > > Employer’s have an onerous obligation to accommodate an employees’ disability to the point of undue hardship. They also have an obligation to enter into this process in good faith, and not giving ultimates and bullying tactics. > [@101010](#): > > 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. 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. > **[Employment Rights and Disability Benefits: The Ultimate Guide](https://www.resolutelegal.ca/employment-rights-and-disability-benefits/)** > > Going on disability benefits often comes with issues with your employment. This article overviews your employment rights while on disability benefits > 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.