The Employment Law Show

Common questions about LTD Claims and employment rights | Employment Law Show TV – S5 E24

Episode Summary

COMMON QUESTIONS ABOUT LTD CLAIMS AND EMPLOYMENT RIGHTS, childcare needs, bonus entitlements, and more on Season 5 Episode 24 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Pressured to resign by an employer

I’ve been employed for almost 30 years and I informed my employer I was going to retire. My employer begged me to stay on. I agreed but six months later my employer told me I could retire now. What am I owed?

Employers cannot force an employee to retire as there is no legal age requirement in which they have to do so. If an employer has informed an employee that they should/it is time to resign, it is effectively a termination of employment. Employees in this situation should contact an employment lawyer and pursue their severance.

Segment starts at 2:25

CALL: Laid-off only offered vacation pay and last paycheque

My husband worked for a transportation company for six years before he was laid off due to a shortage of work, despite the company seeming healthy. He received vacation pay and his last paycheque, and that was it. Was he owed more severance?

Truck drivers are often misclassified as contractors when they are in fact employees. Truck drivers are entitled to severance and as many are older employees, they are owed more severance due to their age and length of employment.

Segment starts at 6:11

Harassment in the workplace

A coworker has been harassing me since they joined the company when the pandemic started. The issue was a mild one when we were working remotely but has worsened since our return to the workplace. I am near my breaking point, but afraid to tell management as they tend to fire people who flag work problems. What should I do?

Employees have a right to work in a healthy and safe work environment, that is free of harassment and discrimination. Employers have an obligation to properly investigate claims of harassment within the workplace and adequately resolve the issue. Employers cannot penalize employees who have raised concerns of harassment or abuse; it is considered a reprisal.

Segment starts at 9:54

Common Questions about LTD Claims and Employment Rights

1️⃣ Should I appeal the insurance company’s decision if my long-term disability claim is denied or cut off?

Claimants who have had their disability claims denied should not appeal the denial claim as it is an internal process and is rarely effective. If a claimant’s benefits have been denied or cut off, they should contact a disability lawyer as soon as possible.

Watch More
3 Reasons to Avoid an LTD Appeal

Segment starts at 11:54

2️⃣ Can my employer fire me if my long-term disability claim is cut off or denied?

Employees who have their doctor’s confirmation on their ability to remain on leave, cannot be terminated. Employees should communicate with their employer and have a doctor’s note to determine when or whether or not they can return to work. It is important for employers to remember that terminating an employee with a medical condition is a potential human rights violation.

Segment starts at 14:04

3️⃣ Do I have to keep in regular contact with my employer while I’m on LTD?

Employees should communicate with their employers regularly with updates on their condition and ensure that their employers are aware they are planning on returning to work.

Segment starts at 15:16

4️⃣ Can my employer refuse to take me back or put me on light duties if the insurance company says I am well enough to work?

An employee’s doctor is the only individual that is able to clear an employee’s return to work and also stipulate potential accommodations or limitations. Employers have a duty to accommodate an employee’s medical condition and needs.

Segment starts at 16:27

5️⃣ Can my employer fire me while I am on long-term disability?

Employees cannot be let go due to their disability or because they are on medical leave. Employees on leave can be let go if the reason is not related to their disability or medical condition. Employees who are let go will have to be paid their full severance entitlements.

Segment starts at 17:43

CALL: Minimum severance entitlements

Many companies are interested in only meeting minimum severance pay requirements when terminating employees. How do you get a full severance package in that situation?

Employers are often unaware that employees are entitled to their full severance entitlements, not just the minimum. Full severance entitlements are based on the age of an employee, as well as their position and length of employment.

Segment starts at 19:04

CALL: My employer refuses to accommodate childcare needs

My friend’s boss just told her that the schedules are going to be changed, and will no longer accommodate her requests, including considerations for her spouse and kids’ schedules. Does she have any options?

An employer has an obligation to accommodate an employee’s childcare needs and also does not have the right to change the terms of an employee’s schedule. Employees who have childcare or caregiver needs are protected by Family Status under human rights laws. Fundamental changes to the terms of employment have to be consented to by an employee and can be treated as constructive dismissal.

Segment starts at 22:12

Terminated employees entitled to bonuses

Are terminated employees entitled to the bonus they earned while working for the employer? I worked at a company in a professional capacity for 11 years and was just given one week per year of severance, but no bonus pay.

Full severance entitlements include all components of compensation such as vacation pay, bonuses, commission, car allowance, etc. Employers should pay an employee their accrued bonus up to the point of termination as well as the bonus that would have been paid annually. A refusal to include a bonus in a severance package is a wrongful dismissal.

Segment starts at 25:27

NEXT EPISODE: Employment Law Show S5 E24 – 5 Ways to Determine if your Severance Package is Fair

PREVIOUS EPISODE: Employment Law Show S5 E23 – Non-Competition and Non-Solicitation Clause Primer

Lost Your Job?
Disability Claim Denied?

Our team has years of experience helping tens of thousands of Canadians. Get the advice you need, the compensation you deserve.

Get help now

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

Get help now