Do You Have Job Security If You Are On Long Term Disability In Ontario?

Sometimes, when a child asks a parent a crazy question, like, “Can I ride in the trunk of the car?” the parent might say, “Yes, you can, but you may not.” The question in the title has a similar answer. The government of Ontario does not encourage employers to fire worker that have been placed on long term disability. In fact, it can penalize them, if they do fire such a worker.

Condition of someone that qualifies for long term disability benefits.

He or she is no longer physically or mentally capable of working, and will remain in that condition for at least 2 years. There are some responsibilities of resident of Ontario that expects to receive long term disability benefits. If that same resident is working, then he or she must apply for the Canada Pension Plan (CPP).

What happens after a worker has been on long term disability for 2 years?

At that point an assessment must be made. The results of that assessment should indicate whether or not the disabled worker has recovered enough to resume working for the former employer. If the assessment indicates that a still-disabled employee appears unable to return to work at any point, the employer has the right to fire that same employee.

Still, there is a provision attached to the right that was granted to the employer. Accident Lawyer in Waterloo is of the view that provision demands the employer’s willingness to get an opinion from the employee’s physician, before moving forward with the termination.

What happens if a disabled worker gets fired when the employer has failed to obtain the physician’ opinion?

Those circumstances match with a situation in which the government could elect to penalize the employer. The employer’s penalty would take the form of monetary payments, but not payments made to the government. Instead, the penalized employer would have to make monthly payments to the fired worker.

What would be the size of each payment? The payment’s size would equal the size of the monthly benefit check, the one that the disabled worker had previously been receiving. Moreover, it would need to arrive on a monthly basis, just as the benefit checks had arrived previously.

How would government officials learn about an illegal firing? The performance of such an illegal act would come to their attention when the wronged worker took the case to court. Naturally, the same worker would have legal expenses, after undertaking such an action.

How does that wronged man or woman recover financially from that unexpected expense? That wronged man or woman receives money from someone designated by a legislative act. That designated person is the employer that acted impulsively, and fired a disabled employee without first seeking the opinion of the same employee’s physician.