If you were fired from your job while you were out on long-term disability, you may want to seek legal help. There are specific protections that individuals receiving long-term disability benefits are granted under the law. A lawyer can help you understand if it was legal for your employer to engage in long-term disability termination of employment.

Long-Term Disability Termination of Employment Overview

Ontario provides employees who receive long-term disability benefits certain protections that other employees don’t have. However, the rules can be complicated and depend on a number of factors.

To qualify for long-term disability benefits, an employee must suffer an illness, injury or disability that renders them unable to perform their job functions. They are considered totally disabled if they are unable to return to their same job within two years of the date they became disabled. In this case, the insurance policy will generally adjust their definition of total disability to mean that an individual is no longer able to return to any type of work due to their disability and may require the individual to perform another type of job instead of their original position.

In Ontario, an employer may be justified in terminating employment for an employee on long-term disability if the employee is “unlikely” to be able to return to work. If the employee cannot return to work, the employment contract is considered to be “frustrated” and may justify termination of employment. “For cause” termination of employment long-term disability is not possible in Ontario.

If an employer fails to follow specific timelines and procedures when terminating an employee, the employer may face legal liability over the termination of employment.

How Can Termination of Employment Affect Long-Term Disability?

If you are terminated from your position while receiving long-term disability benefits, you may be able to continue receiving those benefits for a period of time. Your long-term disability policy will have information about how your benefits may be affected by termination of employment. You will likely be required to maintain regular treatment with your doctors in order to avoid having your benefits terminated.

To make sure you understand your rights and obligations, it is a good idea to contact a lawyer if you experience termination of employment while receiving long-term disability benefits. Many lawyers offer a free consultation that can provide useful guidance about what steps you need to take and whether you may need to work with a lawyer to help protect your rights.

Can I Be Terminated While on Long-Term Disability?

Although Ontario law offers some protections to employees on long-term disability, they are not entirely protected from termination of employment. An employee on long-term disability cannot be fired for cause. However, the employee can be terminated if they are unlikely to be able to return to the job.

The employer may need to be able to fill the employee’s position in order to continue to conduct business. Employers who are paying the long-term disability benefits also have an interest in stopping those payments as soon as possible in order to save money. Ontario law recognizes these competing interests and allows termination of employment if the employee is unlikely to be able to return to work because of the disability. However, the employer may still be required to pay disability benefits for a period of time.

An employer cannot make the determination about the employee’s likelihood of returning to work on their own. The employer must rely on medical evidence and opinions from physicians before determining if an employee on long-term disability is unlikely to return to work. Employers who fail to rely on sufficient medical evidence may be required to continue to make long-term disability payments to an employee after the termination of employment. They may also be required to pay the employee’s legal fees, if applicable.

What Should You Do if You Have Been Terminated?

If you have been terminated from employment while on long-term disability, make sure you continue to see your medical providers for treatment of your disability. The most important factor to consider regarding termination of employment long-term disability is whether the employer has considered enough evidence before making the decision. An employer should obtain proper medical evidence and an opinion from a doctor regarding the employee’s ability to return to work.

If an employer fails to obtain sufficient medical evidence before terminating the employment of a worker on long-term disability, they may be required to continue to pay the employee. The employer may also be on the hook for the employee’s legal costs.

Many long-term disability benefits lawyers offer a free initial consultation that can help you learn about your options and determine if you need further legal assistance. If you decide to hire a lawyer to help with your termination of employment long-term disability claim, your lawyer will review your insurance policy, your medical records, your employment contract, and any other important information to determine how to proceed. Lawyers will fight on your behalf to help you get the benefits you deserve.

In most cases, lawyers who handle long-term disability cases will work on contingency. That means they will not get paid unless you win your case.

Where Can You Get Help?

If you experienced termination of employment while out on long-term disability, a lawyer can help you understand your rights and options. Lawyers understand the tactics employers and insurance companies may use to attempt to stop paying long-term disability claims. A lawyer can determine if your termination of employment was lawful and if your long-term disability benefits were wrongly denied.

A lawyer can also help you fight for your legal rights and the benefits you deserve. An easy way to find a lawyer experienced with long-term disability claims is to simply submit your information using the form on this page. If you qualify, a lawyer will contact you to discuss your specific situation.