Hello friends.
I am on LTD since November 2017 to till date. In September 2020, my employer issued me letter of frustrated contract and deposited minimum severance pay ( 5 weeks of statutory termination pay+ 5.25 weeks of statutory severance pay as per ESA 2000) in my account ,
In May 2022, my medical benefits has been discontinued, which I noticed as my pharmacy drug claim did not approved, upon contacting the insurance company, it was revealed that my employer terminated my medical benefits. I got the LTD payment upto August 2022 and waiting for September 2022 payment. I am also getting CPPB.
Kindly guide me what I am suppose to do at this point, do I have right for more compensation and medical benefit to continue my treatment, I am 61 years old, Insurance company already anticipated my disability for any profession after 2 years of LTD
Thanks a lot
Looking forward to your valuable guidance and experience.
IMHO any employer who uses frustrated contract reasoning at the 3 year mark has jumped the gun, and should have provided you with severance of at least 1 month per year of service at employment termination. You should have contacted an employment lawyer at that point. That said, now that it has been 5 years the frustrated contract assumption seems reasonable now, so I doubt you could get any more serverance out of them through a lawyer. With regards to terminating your extended healthcare benefits, I think your employer has that right as long as they treat all their employees this way. Sorry, don’t mean to be a downer…
Having said all that you could consult an employment lawyer to get a professional optlinion…
Thanks a lot appreciate your guidance
From Sep 2020 to May 2022, your extended health benefits continued? That is strange.
What did the company say in the termination letter about these benefits when they terminated you in late 2020?
I think you should definitely contact Resolute Legal for a free consultation. Have your termination letter and anything you may have signed related to
your termination.
Thanks meow,
They did not say anything about benefit. I did not sign any termination letter.
Please guide further if possible.
with regards
If a person wants to dispute a termination the process is different depending on three things: 1)Whether there is a collective agreement; 2) The details of your specific employment agreement; and 3) the common law and statutory rules for your province.
If a person is terminated for “frustration of contract”, you can challenge that. If the situation doesn’t meet legal requirements for frustration of contract then the employer can be found to have wrongfully terminated the person.
There is no hard and fast rule for how long a person has to be on LTD before an employer can terminate for frustration of contract. It is fact specific to each case. You often hear 2 years is a general rule, but it can be sooner or longer than that.
As far as what you could do, you could have your situation reviewed in a legal consultation to see if you might have a case for wrongful termination.
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 to request a free consultation or call toll free 1-877-917-7050 to speak with a member with our disability claim support team.
Thank you so much Mr David,
I wish to share the following information under your kind attention
I faced the following stressful and unexpected work environment and tried to accommodate but triggered to mental illness.
Appointment interview taken by Director QC and HR, reporting was suppose to be to QC director but appointment letter was issued with reporting to manager not even witnessed the interview, letter was signed by Director on behalf of the reporting manager.
Joining was done through Senior Chemist not by reporting manager. Reporting manager appeared face to face after a week of joining after my repeated request to see the reporting manager.
Practical training was given by junior chemist did not even belong to QC Development ( my department), despite of availability of Senior Chemist of my department. Senior Chemist with sarcastically make fun of the situation
strange and stressful situation for any scientific environment with start.
No project was assigned for a while and moved to cleaning validation, despite of my no experience to cleaning validation and instructed to assist the cleaning validation chemist.
Training record was signed off after, project already started, against the Good manufacturing practices in Pharma industry.
After a month, initial reporting manager was replaced by new inexperienced reporting manager internally from other department.
New reporting manger only ask for start and complete of task (basically time line management without experience), where as initial reporting manager could only coordinate for technical aspects, because second one has no experience. First reporting manager designated as scientific advisor.
Very strange and stressful situation for any scientific environment.
New reporting manager had hired my colleague (less experienced than me) of previous company as Senior Chemist, where as there was no discussion in my interview about the existence of senior chemist.New reporting manager instructed me to report to new senior chemist.
Another strange and stressful situation.
After some time, director discontinue his job and new director replaced the first one and just after that, new reporting manager also discontinue the job. Now new director became the administrative manager along with initial manager ( scientific advisor).Again new director has superficial experience of the technical work.
Again kind of reporting two person administratively and technically.
My 6 month probation period passed without review, which is suppose to be done in-order to have some track for me to move forward to meet the expectations.
My yearly review was marked not meeting expectation, by the time 2nd Manager joined, but performance evaluated by initial manager ( scientific advisor).
Basically it was chaos of management system within a year.
During this period I have been assigned a project, I desperately work for it, even fire in lab and used multiple computers within same day borrowed from different chemists. it was with the coordination of QC director and scientific advisor ( initial manager). At the time for protocol approval I have written the protocol to execute the experiments. Shockingly new 2nd Manager informed me that director rejected the protocol, my whole year got wasted, I have not even told the reason of rejection.
It was frustrating and stressful outcome for me.
Manager 2 was ok in terms of planning and coordination I was expecting better situation, but he also moved to another organization in a year of time.During this time, I requested 2nd manager to move to 2nd lab, because 2nd lab was good in terms of ventilation and resources. I need more ventilated environment due to my sleep apnea condition. He moved me to second lab.
Again director became administrative manager and Scientific advisor as technical manager.
My feeling was technical manager prevented to be as a full working manager.
It was again frustrating and stressful situation, riding 2 boats at the same time.
Person knows subject matter not allowed to plan, and planner have superficial idea of subject matter. Ultimately whole work was unofficially shifted to technical manager, because director was busy in other obligations of QC lab and also superficial exposure to QC Development.
After that 3rd Manager was appointed, 3 were manager hired within June 2015 to January 2017.
Third manager was totally unpredictable and unrealistic. He started asking the progress of work without even introducing himself. He was expecting the work finished before it start, he created unrealistic time line and pressurized , he want to finished the work even compromising the scientific relevance.
He was so intimidating and harassing and repeated the 3 to 4 time enquiry about the work at the same time, like call, in person and close door.
Third manager also forcefully move me back to old lab, despite of my request about my sleep apnea situation as old lab was suffocating for me due to poor ventilation for GC ( no exhaust for each GC to escape the residual solvents of experiment).
In this old lab, an old computer was given to me, operated by so many people of different departments, lots of interference and disturbances. I requested 3rd manger for individual computer like other colleagues but no help.
In June 2017, I have applied internally to pharmaceutical regulatory affairs based on my professional PG diploma for Pharmaceutical Regulatory Affairs.
This is another setback, person selected for the position has no diploma for RA.
I again did not met the performance, performance evaluation was done by Director rarely visible in lab and did not consult the technical manger, who was actually planning and looking after my work on daily basis.I was disagree to this performance evaluation, HR never initiated any discussion about it and closed it.
Later on enormous followup, intimidation and disrespectful work environment by manager 3 triggered the never ending anxiety situation resulted sleepless nights, scary nightmares and hopelessness.
I am still on anxiety and depression situation, which was further aggravated by the frustrated contract by the employer.
HR disregarded my doctor,s note in response to my frustrated contract .
I wish following through your guidance.
1- Compensation for stressful work environment lead to mental sickness.
2-Compensation for further aggravation of mental sickness due to frustrated contract initiated by employer.
3-Validation and approval of the court for frustrated contract issued by employer
4-Compensation for arresting my Career growth.
5-Job accommodation in (RA) Regulatory affairs department as Regulatory Affairs associate as soon as I come back to work after recovery.
6- Reinstate of my medical benefit.
Please guide
Thanks a lot
You need to call an employment lawyer to set up a consultation to see if you have any options left. Based on the dates you have provided you don’t have much of a case since you have missed the 2 year limitation period when you are allowed to sue your former employee for any type of compensation or reinstatement.
Thanks Buckets365, appreciate your response
Let us know how things are going after you’ve spoken to a lawyer. FYI, good ltd/employment lawyers don’t charge for a consult session.
Thank you Buckets365.
Is it possible that Mr David could help in this situation?
Thanks
Setup a free consultation:
Yeah, you’ll have to call or email them.
Thanks a lot Buckets365