Long Term Disability Rights | Employment Law Show TV – S1 E6

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 6 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30)

On this episode, we discuss when long-term disability disputes intersect with employment issues, what happens when your employer changes your terms of employment, and more!

What We Covered

► 1:16 – An individual was asked to work extra hours by his boss, but was told that overtime pay would not be provided. When the employee refused to work the extra hours, he was fired for insubordination. Is the employee owed any severance pay?

► 4:44 – What happens when your employer changes your terms of employment? What can you do? Lior explains how constructive dismissal comes into play.

► 5:33 – After 20-30 years at the same company, I feel like my employer is trying to push me out the door. Emails and phone calls aren’t being answered. I work through them through my own company, as a independent contractor, which means I don’t even get any vacation pay. What options do I have?

► 7:38 – What is a Dependent Contractor? How do you know when you are one?

► 9:00 – Frank worked at a roofing company for 12 years. He was just fired, due to slow business, but was offered no severance pay. Are severance pay rules different for roofers?

► 11:54 – Why it’s important to use the Severance Pay Calculator before you accept a severance package.

► 14:17 – I have been doing the same job for the past 17 years and the same shift for the past 9 years. The company wants to change my hours, but it will interfere with my ability to care for sick family members. All solutions offered by my employer don’t work. What are my rights?

► 16:55 – Sivan Tumarkin, Disability Lawyer and Partner at Samfiru Tumarkin LLP, joins the show to talk about long-term disability insurance claims.

► 17:43 – How long-term disability issues tie-in with employment related issues.

► 18:50 – The importance of getting a lawyer involved to deal with the insurance companies while you focus on getting better.

► 19:46 – A woman was diagnosed with cancer. She applied for long-term disability so she could take time off to fight it. Last month the insurance company cut her off, and a few days after that she was fired with no severance pay. What should she do?

► 21:16 – Sivan talks about the importance of standing up for your rights against the insurance companies.

► 23:50 – Received a letter from the insurance company, informing you that you’ve been cut off? Here’s what can do about it.

► 25:11 – Can an employee who is recently disabled and on long-term disability, but whose prognosis is uncertain, be terminated, or is that grounds for wrongful dismissal? How much additional severance does an employee in that situation get?”

► 26:30 – What can an employer ask when it comes to prognosis and diagnosis?

► 27:35 – How to react if your employer gives you an option to either resign or accept a demotion

Next Episode: Employment Law Show S1 E7 – You Have To Do Something About it if…

Previous Episode: Employment Law Show S1 E5 – Why People Sign Severance Offers When