When can a Disabled Worker be Fired?

Know your worker disability and employment rights.

Employers can typically fire their worker or employee at any time as long as it accords with their employment contract and the employer provides the employee with the required notice or pay in lieu of notice. However, there are exceptions to this general rule. An employer is not legally allowed to fire an employee due to a characteristic that is protected by anti-discrimination or human rights legislation. The Human Rights Act protects every employee in Canada from being discriminated against due to a disability.

Were you fired from work because of your disability?

Consequently, it is important to know whether you were fired because of your disability (i.e. you were no longer able to complete the work), or if you were fired for some other reason. If you were fired because of your disability, you might have a legal claim against your employer. Employers need to protect employees who are sick or unable to work because of a disability.

Duty to Accommodate

Employers in Canada are required to provide accommodation to disabled workers or employees to the “point of undue hardship.” It can be difficult to know when the point of undue hardship has been met. It depends on factors such as how large the employer’s business is and the type and severity of the employee’s disability. The employer is not required to create an unnecessary position for the employee; however, they are required to provide reasonable accommodation.

Disability Benefits

Some employers also include disability benefits for their workers and employees. These benefits are typically available for full time employees in larger companies or government departments. Long Term Disability benefits provide financial protection for disabled workers by provided a percentage of their regular working wage.

Disability benefits can also be obtained through privately purchased plans. The payments terms may differ from a company provided long term disability plan so it is important to consider the definition of any plan under consideration.

If a worker or employee with company provided benefits is terminated for cause, the LTD benefits typically end. It is, therefore, important for past employees to secure replacement benefits through another workplace or via a privately held plan.

Disability Benefits Lawyer

Getting fired and losing your long-term disability benefits is the last thing you should have to worry about if you are off work due to a disability. If you are off work because of a disability and your employment has been terminated get peace of mind by contacting an experienced disability benefits lawyer.

Jeff Mitchell is the Principal Lawyer and Founder of NOVA Injury Law.  Jeff has dedicated his practice to the area of personal injury, accident, and disability benefits law. Contact 1.800.262.8104 or jeff@novainjurylaw.com to arrange for a free case review today.