I would appreciate any thoughts on this. In my collective agreement it says if I accept any employment while on approved leave my employment is terminated. I’m on workers comp and I heard that my employer not able to accommodate my limitations in a supervisory role that I held prior, it seem it’s only if I step down, they might look for accommodation with a pay cut. My voc rehab is pushing the idea to begin searching new employment elsewhere. I don’t feel comfortable being terminated for working elsewhere. Is it better to be terminated for frustration of contract? I’ve been with current employer for over 15+ years.
Why do you think that?
I wouldn’t quit.
If you do find employment elsewhere and your disability claim is terminated are you willing to risk not going back on disability?
Thank you Jammer. That’s what I hear from my voc rehab and is exactly my concern. I’m between two fires and I can’t move. If I don’t participate in voc rehab they cut my payments, if I work towards the VR plan, than it’s preparing for a new employment placement, which as per collective agreement terminates my current job. I probably not explaining it right.
What if you find employment elsewhere, quit, and then your new job doesn’t work out due to your disability?
What reason did the employer give you for not being able to accommodate you in the role you had?
I know the accommodation has to be done up to it being “undue hardship” for the employer but I don’t know if it has to be a supervisory job.
https://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability/8-duty-accommodate
I’d ask a lawyer: Free Consultation
Good point, thank you. I believe voc rehab mentioned that they will provide incentive to new employer to hire me on a month(not sure) probation. I suppose if it’s not working out with one, we’ll find another. I don’t know how long voc rehab supposed to support me in my job search or after successful placement. More questions than answers.
This comes from disability representative, not HR. There’s no why, but only that employer can’t accommodate my limitations for my supervisory position. If I step down they most likely could, but with pay cut.
I think they are legally bound to say why.
I’m not a lawyer so I’d get the consult.
Ask the voc rehab person what percentage of people can keep a job (it is not high).
It is VERY risky IMO to quit your job.
I’d really ask a lawyer before doing anything.