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Can my employer fire me while I am on LTD? by Patricia Santucci
Yes, your employer can terminate your employment while you are receiving LTD benefits, but only after certain legal tests have been met. Your employer cannot terminate your employment for being sick or injured. Human Rights Legislation in Canada dictates that your employer is required to accommodate your medical condition unless it is impossible for them to do so, to the point of undue hardship. Before terminating you, your employer must prove that you have no reasonable prospect of returning to your job, which means that your employment contract has been “frustrated”. The employer must rely on medical evidence to do this. If you have been wrongfully dismissed while receiving disability benefits, you are entitled to damages. Santucci Personal Injury Law can help. (42)
Patricia Santucci is a personal injury lawyer born and raised in Hamilton, Ontario. She holds several degrees having attended King’s College at the University of Western Ontario, McMaster University, earned a Master of Arts degree at the University of Windsor and an Ontario Teaching Degree from Teacher’s College as well as her Ontario Teaching Certificate. After graduating from the University of Alberta law school she was called to the bar in 2000. You can find Patricia on Google+ and LinkedIn or directly through this website