I Was Fired While on Medical/Disability Leave: What Now?
Employees are human. As humans, employees are susceptible to injury, disability, and trauma both on the job and off. Such events can affect your ability to work and earn a livelihood.
As an employee, if you experience a medical issue or if you have/develop a physical or psychological disability that keeps you from performing your job, your employer has a duty to accommodate. These accommodations must respect your dignity, meet your needs, promote integration, and ensure confidentiality, without causing you undue hardship.
Sometimes, these accommodations may warrant a temporary or long-term leave of absence. During these leaves, your employer must hold your position until you can return to work.
But What If They don’t?
If you were dismissed during your approved Medical or Disability Leave of Absence, you may have been terminated illegally. Not only that, but this termination may have been a violation of your human rights.
If your employer claims you were dismissed due to frustration of contract - i.e. your contract has been “frustrated” because there is no reasonable likelihood that you will be able to return to work in a reasonable time - you may still have grounds to claim compensation.
In both cases, you should contact an employment lawyer immediately.
Termination During Approved Medical or Disability Leave
If you are on medical or disability leave for legitimate reasons; if your leave has been supported by your doctor and approved by your employer; and/or if your reason for termination has any association with your medical situation, your dismissal may be illegal and a human rights violation.
You may be entitled to benefits under your employer’s group policy of insurance, as well. If you have been dismissed or are being threated with dismissal during your medical/disability leave, contact us. Or, if you are being denied the ability to apply for LTD benefits, our employment lawyers can help then as well.
If your dismissal goes against your employers’ legal duty to accommodate your medical conditions/disability and/or obstructs your human rights – even if you are a non-unionized worker - our lawyers will enforce your rights. Let us help you secure the compensation you are rightfully owed.
Call Us Today
You deserve to have your medical or disability condition treated with dignity. Our employment lawyers at Zacharias Vickers Law are here to help you enforce your rights under employment and human rights law. Call or email us today to speak with an experienced employment and human rights lawyer.