The Impact of Disability on Your Job
You have had a tough few months. The injury or illness you never expected is causing significant complications in your life. Your constant doctor’s visits have yet to resolve your condition, and your quality of life has suffered. One of the most challenging aspects of your condition is the impact it has had on your job. Being unable to work due to your condition is difficult, but at least your disability benefits have kept you from financial ruin.
That is until you were terminated while on disability by your employer.
Unfortunately, it is possible in some cases for an employer to terminate the employment of a person out on disability. The good news is that you have rights. With the help of your lawyer, you could push back on both your terminated and the cancellation of your disability benefits.
Your Rights When Terminated While on Disability
For many, it is commonplace for an employer to imply they have the right to fire you at will. When you are on disability, that is not always the case. Understanding the rights that come with your employment and disability benefits are important to anyone in this situation.
Can I Be Terminated While on Long Term Disability?
Like with many legal queries, the answer to the question “can you be fired while on long term disability” is “it depends.” Unfortunately, there are cases where an employer has the right to fire a worker that is recovering long-term disability benefits. The most important factor is why the worker was fired while on disability.
The Ontario Human Rights Code protects workers from being terminated while on disability if their medical condition was a factor in their termination. It is violation to even consider a person’s disability, much less allow it to be the primary factor in the termination decision.
That said, there is no law in place that protects a worker that is on disability for being fired for other reasons. This can include actions that occur at the workplace or downsizing.
Often, the reasons for termination can be murky. Many companies will use claims of downsizing to cover for terminating a person from their employment due to their disability status.
The law prevents these pretextual firings as well.
Rights Under the Ontario Human Rights Code
The Ontario Human Rights Code protects you from any form of discrimination or harassment based on your disability. This includes protections from being fired while on disability.
The Code has a broad definition of disability that includes any physical or mental infirmity or disfigurement. This includes learning disabilities, mental orders, or even successful workers’ compensation claims.
Not only does the Code prevent unlawful firing based on a disability, but it also sets out requirements for employers regarding how they accommodate disabled employees that return to work. These employers must accommodate any disability up to the point where it becomes an undue burden.
That said, even the Code allows some terminations. Over time, an employee that is absent for so long that it frustrates their employment contract could face termination. This could occur when it is clear an employer will never return to work or is unlikely to be back in even a partial capacity. In the end, the Code may prevent discriminatory firing, but it does not render you immune from termination.
If you have been fired from your job while collecting long-term disability benefits, you likely have a lot of questions. Your firing not only limits your ability to return to work should your condition improve, but it also will result in the termination of your benefits if they are paid through your employer’s insurance plan. Given what is at stake, discussing the legality of your firing with a lawyer could be an important step in protecting your future.
