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Terminated While on Disability? Your Employment Rights and Benefits

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Terminated While on Disability? Your Employment Rights and Benefits

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
terminated while on disability

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.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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