Blog Details

Were you fired while you were on medical leave?

Losing a job can be one of the worst things to happen to anyone in Ontario who is fighting to recover from an illness that caused a disability. If this happened to you, it could bring about financial hardship for you and your family. The lack of income along with mounting medical bills can cause undue anxiety that might even exacerbate your poor health.

This is where LTD comes into play. If you have suffered an injury or contracted a disease that prevents you from returning to work, you might be entitled to long-term disability benefits.

An employer’s duty to accommodate

Except under limited circumstances, your employer may not terminate your employment while you are on medical leave. While sadly some employers do fire workers purely because they are unhappy that the employees take medical leave, provincial and federal human rights laws protect workers from such discrimination. No one’s disability may be the grounds for dismissal.

Exceptions

Employment laws require an employer to provide accommodation if you become disabled due to ill health or an injury. Your boss could either modify your duties in a manner that would allow you to continue working or he or she could grant you medical leave. However, if an employer can prove any of the following circumstances, it might justify dismissal:

  • Cost: If your employer must spend unreasonable amounts of money to bring about modifications to accommodate you, the court might agree that there was no other option than to dismiss you.
  • Undue hardship: If your employer claims that accommodating you during your illness will cause unreasonable hardship for the company, he or she will have to meet a high threshold to motivate such claims.
  • Health risk: If you have a condition that is highly contagious, your employer might use that to justify dismissal. However, granting you medical leave would prevent exposure of other employees to your illness.
  • Disruption: Some employers claim accommodating an employee’s ill health can hamper workflow, but proving that could be tough.
  • Unrelated firing: Your boss might even attempt to convince the court that your termination had nothing to do with your debilitating injury or illness.

Your rights during this trying time

If your employer fires you while you are on medical leave, you have the right to launch a complaint. The employer will then have the burden to prove the need to terminate your employment. Fighting for your rights at a time when you are also battling an illness might be overwhelming, but help is available. The support and guidance from an Ontario lawyer who has experience in dealing with both wrongful terminations and long-term disability insurance may prove to be an invaluable asset to your cause.

What Our Clients Say

Lois | Mississauga, ON

“I met with Michael on one of the worst days of my life. He put me at ease right away. He explained everything upfront and gave me confidence. The process was made clear and he kept me in the loop every step of the way. It was smooth and easy. I have recommended Michael to friends and family. Thank you so much, Michael, for your concern and professionalism!”

Raif | Mississauga, ON

“I hired Mr. Michael Walter to settle my Insurance claim following my car accident injury. His quality of work and follow-up on my case exceeded my expectations and his fees were fair”.

Cleide | Kitchener, ON

“Thank you to all the staff at Pereira Walter Lawyers, for the good job done well. I am very happy”.

Derek | Mississauga, ON

“Michael’s knowledge and explanation of the step by step process of our case was reassuring. Also, his personality and positive outlook was very comforting to both of us”.

Catherine | Mississauga, ON

“During an extremely difficult time in my life, Michael provided not only outstanding professional legal council, but also compassion and reassurance which helped greatly”.

Willy | Toronto, ON

“My son and a friend recommended that I contact Carlos when I thought of lodging a claim against an insurance company. A big thank you for the favourable outcome of my claim. I would also like to mention that at all times you were friendly and efficient and a pleasure to have dealings with”.

Connie | Mississauga, ON

“Not only was Michael attentive to my requests, he delivered true professionalism, integrity and maintained a level of steady support throughout the difficult process. All combined made for a more deliberate outcome and resolve for my particular case.”

Bruce | Etobicoke, ON

“Thanks Michael for all your help and patience. Without your help and the help of your staff, I would have received nothing”.

MORE TESTIMONIALS

Come Talk With Us

Our lawyers are ready to help you. Arrange a meeting by calling us at 289-302-6633 or Email us today.

    Fields marked with an * are required

    Please contact me via...

    Sim, nós falamos português

    Our legal team can provide full-service legal support in the Portuguese language.

    WE LOOK FORWARD TO WORKING WITH YOU

    We Are Located At

    201 City Centre Drive
    Suite 300 Mississauga, ON L5B 2T4

    Consultation