Category: Employment Law

Experiencing a disabling injury or illness can turn a person’s life upside down. Relationships can change; a person may require assistance in caring for themselves; everyday tasks like driving or going to work can become impossible.

Under these circumstances, finding a sense of stability and normalcy can be a welcome experience. For some, returning to work is one way to accomplish this. However, there are some important things to know about returning to work if you currently receive disability benefits.

Keeping your benefits

You could still collect disability benefits and work. However, the payments will likely be affected, depending on how much you work and how much you earn.

If you receive Canada Pension Plan benefits, you can collect up to $5,800 without losing your benefits. However, if you earn more than that or if you can work on a regular basis, you may stop receiving payments.

One detail that could give you some reassurance is that if you decide to go back to work but become unable to continue because of your disability within two years, you do not have to start the application process over. You can request automatic reinstatement.

It is also worth noting that you can do volunteer work or go back to school without affecting your benefits.

Protecting yourself and your benefits

Note that returning to work in any capacity can trigger a reassessment. As part of the reassessment, CPP can ask you for updated medical information and details about your work. Depending on their examination, the CPP could decide that you no longer fit the criteria for collecting benefits.

Because of this, it is crucial that you talk to your doctor and possibly consult a lawyer before making employment-related decisions while you collect CPP. You want to have an accurate picture of your capabilities as well as a clear understanding of the impact your working may have on your benefits.

Disability benefits, whether they come from CPP or long-term disability insurance, are critical to recipients and their families. As such, you will want to be cautious about actions that could reduce or terminate them.

The answer to this question is complex. The reason is because the officials who evaluate unemployment claims need to investigate the nature of the dismissal. If the findings reveal that you are at fault, then it’s possible you may not receive employment insurance benefits.

So how does the government figure out if you are entitled to receive unemployment benefits?

As outlined on the Government of Canada website, it can be an arduous process. First, an agent assigned to your employment insurance claim will review the details of your dismissal. The agent may contact you for further details about the dismissal from your point of view, but may also require an interview with your former employer as well as other related parties in order to properly assess your claim.

In the end, there are a number of reasons why an employer could have decided to let you with “with cause” and there are a number of reasons why it’s possible the dismissal, while justified, could have occurred (for example, maybe you were unaware of a certain policy or procedure).

If the final outcome results in justification for a “with cause” dismissal, you will likely not receive regular employment benefits. However, you may still qualify for other benefits, such as maternity or compassionate care. In order to receive employment insurance benefits, you will need to have worked for the required number of employable “insured hours”.

If you have been dismissed by your employer with cause, it’s best advised that you consult with an experienced employment lawyer. He or she can evaluate your case and advise you on what your options if your wish to take legal action or what type of compensation you can pursue.

If you have been suddenly dismissed by an employer, it can come as a shock. What can be even more shocking is realizing that you could have received more time or notice for the termination, especially when you are working in a position within middle to senior level management.

It can be even more shocking to a person to realize how much compensation may have been left on the table if they don’t understand how the termination process works. There are legislative guidelines for how much notice, or payment in lieu of notice, an employer is supposed to give an employee.

Sometimes, the legislative guidelines may not cover your position, contribution or length of service for a company. And if there is a case to be made where you were entitled to more compensation or notice, then it could be a case of wrongful dismissal.

If you have a valid case of wrongful dismissal, you can pursue higher amounts of compensation than what the company owed you. But, there could be other sources of compensation that are available as well.

If the court rules in your favour for wrongful dismissal, it’s possible you may be able to receive more than just compensation. It’s possible a judge could also give out punitive damages as well.

In an article posted by the Canadian HR Reporter, the impact of an employer’s actions was analyzed in situations where a court may find the employer wrongfully dismissed an employee. In cases where an employer decided to counter-sue the employee – and even claim just cause afterwards – when the employee’s claims were found to be valid, a judge could inflict additional punishable measures, such as punitive damages.

If you believe you have been wrongfully dismissed by your employer, it’s best to consult with an experienced employment lawyer. He or she will be able to assist you with pursuing financial compensation to cover your losses and protect your legal rights.