Rights When Long-term Disability Claim is Denied | Employment Law Show TV – S3 E29

Episode Summary

RIGHTS WHEN LONG-TERM DISABILITY CLAIM IS DENIED, being let go while on a medical leave, a discussion about long-term disability and injury law with Disability Lawyer Sivan Tumarkin from In Your Corner, and more on Season 3 Episode 29 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

Employer asking for regular COVID-19 testing

An employee on medical leave was told by his employer when attempting to return to work that after 2 months on leave his employer was allowed to let him go from the company.

Segment starts at 1:40

Employer asking questions

Is it legal for your employer to ask “What’s wrong with you?”

Segment starts at 3:27

Severance pay for long-service employee

My employer told me I’ll be let go in 6 months. They’re closing some of their stores. Are they only required to give me a notice of termination? I’ve been working at the company, in a sales role, for 20 years.

Segment starts at 4:40

Severance Pay Calculator

The Severance Pay Calculator and how it can help you know your entitlement.

Segment starts at 6:48

Employee let go after written warning

I was terminated without severance after receiving a written performance warning. The company policy says if we don’t meet a performance requirement we will be given a written warning and provided with additional training, which didn’t happen. Was I wrongfully dismissed?

Segment starts at 8:00

CALL: Mass terminations and severance pay

About 15 people were let go from today. What kind of severance could we all expect to receive? Some were on contract, a few of the employees were also pregnant.

Segment starts at 9:50

Severance pay for laid-off employee

I was placed on a temporary layoff 2 months ago. Before being laid off, I was just a few months shy of hitting 5 years of service with the company. Can I get any severance pay, or have I not worked there long enough?

Segment starts at 11:40

Severance pay calculator example

The Severance Pay Calculator example scenario: 49-year-old Chris was promoted to team manager after 7 years on the job. One year later he was let go and offered 16 weeks of severance pay. Chris’ boss said that because he worked in a non-managerial role for 7 years before being promoted, his severance amount would be based on that lesser salary, rather than his $82,000 manager’s salary. Is that fair?

Segment starts at 14:35

CALL: Employee’s workload doubles

My employer split one geographical area between me and a coworker, so we could share the load. That coworker was let go a month ago, and I’ve taken on double the workload ever since.

Segment starts at 18:12

Long-term Disability Myths

Guest appearance by Sivan Tumarkin, a Disability Lawyer and host of In Your Corner: Canada’s first and only TV show dedicated to long-term disability and injury law. Disability lawyer Sivan Tumarkin debunks LTD myths and empowers you by explaining your legal rights and by teaching you how to stand your ground and fight back against unfair insurance denials. Spoiler alert: it’s easier than you think!

Segment starts at 21:50

CALL: LTD cut off

I was injured and had procedures done on my back. While I was off on long-term disability, the insurance company said I didn’t meet the requirements for permanent disability. I was cut off LTD and was told to return to work or face termination.

Segment starts at 23:00

Long-term disability denied

My long-term disability claim was denied almost 2 years ago. I appealed the insurance company’s decision twice but was unsuccessful. Can you help me with my third appeal to improve my chances of success?

Segment starts at 24:34

Let go while returning from LTD

I was just let go from my job after 10 years. I still haven’t signed the severance offer, which was for 10 weeks’ pay. I’m currently on long-term disability but that is coming to an end soon because my insurer says I’ve reached the 2-year mark. I’m confused about what I should do now.

Segment starts at 25:45

Next Episode:  Employment Law Show S3 E30 – Severance Pay Deadlines

Previous Episode:  Employment Law Show S3 E28 – Ministry of Labour: Everything You Need to Know