Long Term Disability Claims | Employment Law Show TV – S1 E12

Summary

The Employment Law Show with Canadian employment lawyer Lior Samfiru and co-host John Scholes. Discover your workplace rights and learn everything you need to know about employment law in Ontario and British Columbia on Season 1 Episode 12 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30)

On this episode, we discuss long-term disability claims, temporary layoffs, being fired if you took time off due to an illness, and more!

What We Covered

► 1:34 – An employee was given a hard time by his boss for having to take time off due to an illness. The employee was eventually let go without any warning. Lior talks about the mistakes made by the employer in firing their employee for this reason.

► 4:57 – I believe that my company will soon be downsizing. What can I do to protect myself from termination and how do I maximize my severance if I am fired?

► 7:48 – An individual has been told that his job as a programming analyst is no more. His boss said that the company is going in a “new direction”, but is willing to give him a week’s pay for the 2 years that he worked for the company. The gentleman was recruited to come to this new company after working 19 years somewhere else. He is 2 years shy of 60, so it will be tough to find a new tech job. What can be done?

► 10:55 – I am a subcontractor at my current workplace, even though I only work for the one company and drive the company vehicle. My boss says that I don’t get overtime pay or stat holidays because of this. Am I being lied to?

► 14:25 – Staring at a severance offer? Lior explains why you must consult The Severance Pay Calculator BEFORE signing off on any severance offer.

► 16:30 – Dan worked as a professional at a company for 5 years, making $52,000 at age 46. After an illness, he can no longer perform his duties, and the company does not want to reassign him to a more suitable position. They’ve offered him one week per year of service, plus two weeks’ “retiring allowance”, for a total of 7 weeks’ pay. Is that a fair severance package?

► 18:21 – I work for a construction company that is going through some hard times. They plan on temporarily laying off some workers. Are they allowed to do this because they are in the construction business?

► 21:38 – Sivan Tumarkin, co-founding partner of Samfiru Tumarkin LLP and the head of the firm’s Long-Term Disability and Personal Injury Law practice group, talks about the crucial steps to take if your long-term disability claim is cut-off or denied.

► 23:05 – I have been on long-term disability for a while. The insurance company said that they will cut me off if I don’t return to work soon. My boss is also threatening to fire me. The doctors say that I am in no position to return to work. What should I do?

► 25:02 – Question: “What happens if my insurance company doesn’t believe that I am truly disabled, despite my doctor’s diagnosis, and denies or cuts off my insurance claim?”

► 26:36 – How many times should someone appeal an insurance company’s decision to cut off a long-term disability claim, before giving up?

Next Episode: Employment Law Show S1 E13 – Employment Law: True or False?

Previous Episode: Employment Law Show S1 E11 – What Your Employer Won’t Tell You