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Can employees be fired during Short Term Disability / Long Term Disabiilty period?

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  • Apr 4th, 2020 8:15 pm
[OP]
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Apr 21, 2004
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Can employees be fired during Short Term Disability / Long Term Disabiilty period?

Or do employers have to wait upon their return from STD?

What about for LTD when there may be a periodic retesting of eligibility?
12 replies
Deal Fanatic
Sep 1, 2004
6377 posts
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Employer can fire anyone at any time. But during disability periods or mat leave, you better got a solid reason to do so.
Deal Expert
Aug 22, 2011
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From my experience, yes and the employer must provide reasonable notice and severance.
Sr. Member
Sep 6, 2016
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And if they do not have any solid reason they will get big troubles
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Deal Addict
Jan 27, 2011
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Toronto
The way corporations get around this is by eliminating the position. Therefore the person holding that position would be no longer employed. Of coarse the employee would have some sort of severance depending on the length of employment. I have seen this done at a company I use to work for more than once.
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Deal Expert
Aug 22, 2011
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MasterPro wrote: And if they do not have any solid reason they will get big troubles
Wrongful termination suit is what an employer can face.
From my experience, the courts will award the employee more money, if the original severance is not fair.
Deal Addict
Jan 27, 2011
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some1not wrote: The way corporations get around this is by eliminating the position. Therefore the person holding that position would be no longer employed. Of coarse the employee would have some sort of severance depending on the length of employment. I have seen this done at a company I use to work for more than once.
Also just to add the company can not refill this position until 6mth to a year after it was eliminated. Therefore there will be more work for the others in the department to go around.
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Deal Addict
Nov 10, 2018
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Yes, without a doubt, but it's a nightmare.
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[OP]
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Apr 21, 2004
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angryaudifanatic wrote: Yes, without a doubt, but it's a nightmare.
I am asking because someone I know was part of a team that conducted a payroll audit at her employment and a few are on LTD like for almost a decade.

Isn't the insurance company going to pay LTD as long as the employee is eligible even if the employee will have been terminated? I mean who is coming back to work after 10 years? That pension if a DBP could be massive.
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Aug 22, 2011
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alanbrenton wrote: I am asking because someone I know was part of a team that conducted a payroll audit at her employment and a few are on LTD like for almost a decade.

Isn't the insurance company going to pay LTD as long as the employee is eligible even if the employee will have been terminated? I mean who is coming back to work after 10 years? That pension if a DBP could be massive.
LTD is part of a group insurance plan provided by the employer.
If they are no longer an employee, they can no longer receive LTD.
Deal Addict
Jun 11, 2016
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Can't add much more that whats been said above except employers can do whatever they can but it might not be worth the headache.
Jr. Member
Feb 4, 2017
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vkizzle wrote: LTD is part of a group insurance plan provided by the employer.
If they are no longer an employee, they can no longer receive LTD.
Nope thats not how it works.

If employee is on LTD for more than 2 years then employer had legally right to terminate employment under the term "Frustration by employment contract" without affecting LTD payment. By that time insurer already decided that employee wont be able to do any other jobs because of disability so payment should continue.
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Aug 22, 2011
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bhushh009 wrote: Nope thats not how it works.

If employee is on LTD for more than 2 years then employer had legally right to terminate employment under the term "Frustration by employment contract" without affecting LTD payment. By that time insurer already decided that employee wont be able to do any other jobs because of disability so payment should continue.
Correct, the LTD is already in affect and the length is predetermined by the plan in place, which could be 2yrs or up to retirement.

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