I was recently approved for LTD by Canada Life. Thankfully your guide helped me with the application and I told the story.
Now that I’m approved I feel it is time to make my employer pay. Pay for loading me up with all sorts of added tasks over the Covid years and not providing me with the help as needed.
My job is now gone. I stepped down from the position due to mental/physical issues prior to applying to LTD and my employer seems to have gotten off without any sort of suffering. I want the employer to recognize how terrible they treated me
Making them pay would help me feel better about how this whole thing has played out over the last 13 years and frankly my income has dropped like a stone. I would like to sue them for constructive dismissal and wonder how the insurance company would look at that?
Now that I’m on LTD; will suing my employer cause issues with my LTD? Suing is typically pretty stressful, if you’re healthy enough to sue you’re healthy enough to work?
I suspect my employer would settle. They loathe legal bills and fights.
Step 1 - Check the specific wording of your LTD policy to make sure any money you’d get from a settlement from your former employer will be yours to keep, and won’t just go to offseting what your LTD insurer is paying you. Ask for a copy of your master policy to find this it out.
Step 2 - talk to a few employment lawyers to see if any of them would be willing to take on your case. Make sure the lawyers know that you are on LTD and that they need to double check the above Step 1 for you. I know a few people who thought they had a slam dunk case against a former employer because of being treated very poorly, yet they were unable to find a single lawyer to take on their case.
I think David has commented on this but I don’t remember the details.
I think it was lawyers typically won’t do it pro-bono because it costs a lot and the chance of winning is slim.
I’d ask some lawyers though.
Best of luck but be cautious of lawyers who want money.
I’m not sure that you can collect LTD and then sue for constructive dismissal while on LTD. You would probably have to be prepared to go back to work, be off LTD and your employer not having a job comparable to your previous one.
Also, insurers don’t like if you go off work due to a specific workplace issue rather than a general health issue. So be careful how you word things.
I think a well written letter to get myself fired might be a good first step.
A letter that lays out how irresponsible they are/were as an employer. Simply state the facts and assign some blame on them. My employer feels they are absolutely wonderful and can do no wrong. It’s pretty nauseating.
