To start, it is important to understand that an employee in Ontario cannot be fired because of their disability, or “for cause” in the language of Employment Law. Specifically, employers cannot fire employees for having a disability, being on disability leave, or receiving disability benefits. The Ontario Human Rights Code says that every person has a right to equal treatment with respect to employment without discrimination of disability. If you are already receiving long-term disability (LTD) benefits and you are fired, your benefits cannot be terminated before the end date for LTD coverage specified in the disability policy, as long as you continue to be “totally disabled.” Being fired should not impact the LTD disability benefits you are already approved for and/or receiving. Be aware that any termination or severance payments may be deducted from your long-term disability payments. Your LTD lawyer at Verkhovets Law can advise you on this.
It is also important to note that if the LTD insurer denied your long-term disability, you are most likely entitled to dispute the denial, including initiating a lawsuit, even if your employer ended up firing you after the onset of your disability, or for failure to return to work. The important day is the day on which your disability developed or deteriorated to the level where it affected your ability to continue with your employment duties. If you are fired just before becoming disabled in Ontario, and had LTD coverage under your employer group plan, your employer is required by law to continue your LTD coverage for a minimum of 1 week for every year of employment, up to an 8-week maximum.